Abdu V. State (2022)

LAWGLOBAL HUB Lead Judgment Report

ADAMU JAURO, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Kaduna Division which affirmed the judgment of the Jigawa State High Court of Justice sitting at Birnin Kudu, Jigawa State. The trial Court convicted the Appellant for the offence of culpable homicide punishable with death under Section 221 (b) of the Penal Code of Jigawa State.

BRIEF STATEMENT OF FACTS

The Appellant was accused of causing the death of one Saleh Kurma by hitting him with a machet on his head and hand thereby inflicting Injuries on him which led to his death. In a bid to prove the guilt of the Appellant, the Respondent called three witnesses and tendered the confessional statements of the Appellant in Exhibits A and A1. The Respondent also tendered a medical report admitted and marked exhibit 3. In the said confessional statement, the Appellant admitted that he caused the death of the deceased on an allegation that the deceased had an illegal sexual intercourse with his wife.

​The Appellant in his defence called two witnesses and denied the allegation of culpable homicide against him. In a considered judgment delivered on 29th day of March, 2012, the Appellant was found guilty, convicted and sentenced to death by hanging on the neck till he is dead. The judgment of the trial Court is at page 77-107 of the record.

Being dissatisfied, the Appellant appealed to the Court of Appeal against the said judgment vide a notice of appeal dated the 8th day of November, 2013 and filed on 11th day of November, 2013.

The Court of Appeal heard the appeal and in a considered judgment delivered on the 26th day of March, 2015, the Court below dismissed the appeal. (See pages 166-198 of the records).

In a bid to exhaust his constitutionally guaranteed right of appeal, the Appellant invoked the appellate jurisdiction of this Court via a notice of appeal dated and filed on the 23rd day of April, 2015 (See pages 199-201 of the records.)

The grounds of appeal with their particulars are hereunder reproduced as follows:

“Ground 1

That the learned Justices of the lower Court erred in law and facts when they held that the prosecution have prove (sic) a case of culpable homicide punishable under Section 221 (b) of the Laws of Jigawa State, 1998.

Particulars

1. That the prosecution did not prove the essential elements of the offence.
2. That the prosecution did not give any evidence to contradict the defence of provocation raised by the Appellant.
3. That the prosecution did not tender the case dairy (sic) of the investigation of the case.

Ground 2

That the learned Justices of the lower Court erred in law and facts when they did not consider the Appellant’s defence of provocation.