Abdullahi Musa V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AHMED OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment)

This is a case of homicide where the accused person (now “The Appellant’) was charged before Kano State High Court (Now “The Lower Court’) presided over by Honourable Tani Y. Hassah, J. The charge reads thus –

“That you Abdullahi Musa on or about 28th November, 1998 about 06:30 hours at Hajj Camp Market Fagge Local Government, Kano State within Kano Judicial Division committed the offence of culpable homicide punishable with death in that you caused the death of one SHU’AIBU MUHAMMED by doing an act to wit: beating and stabbing to death on the forehead and neck with the knowledge that his death would be probable and not only likely consequence of your act and thereby committed an offence punishable under section 221(b) of the penal law”.

The case was first mentioned in court on the 16th day of November, 2000. On 11th November, 2002, the learned trial judge was informed about the mental condition of the Appellant and an order was made instantly directing the Registrar of the court to write a letter to Psychiatric Doctorat Dawanau Hospital for the observation of the state of health of the Appellant.

The Psychiatric Doctor was also directed to inform the court about his opinion about the mental condition of the Appellant. Thereafter, the case suffered services of adjournments spanning the period from 11th November, 2002 to 30th October, 2008 before the plea of the Appellant was taken.

The medical opinion issued by the medical Director, Kano State Psychiatric Hospital, Dawanau was stamped “RECEIVED” at the foot of page 1 of the report on 4th February, 2003. I have checked the entire record but could not find any further report about the mental condition of the Appellant, except that Mrs. B. B. Wudil, learned counsel for the State, informed the lower Court on 30th October, 2008 in the following manner –

*WUDIL:- case for mention. We ask that the plea of the accused be taken as he is now fit for trial”.

In response, S. M. Al-Hassan Esq., for the Appellant, responded thus –

“We are ready”.

Thereafter, the record for the day’s proceedings show the following:-

*COURT:- The charge is read to the accused in Hausa Language and he said he understood the content.

ACCUSED’S REPLY:- I am not guilty.

WUDIL:- The accused person plea not guilty to the charge. We are applying for a date for Hearing.

AL-HASSAN:- No objection.