Abdulrahaman Yusuf V. Federal Republic Of Nigeria (2010)

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AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.

This is an appeal against the judgment delivered on 10/1/2008 by the High Court of the Federal Capital Territory, Abuja presided over by Honourable Justice M.M. Dodo convicting the Appellant of the offence of culpable homicide not punishable with death under Section 222 (2), (4) and (7) of the Penal Code and punishable under Section 224 of the same law. The Appellant upon his conviction was sentenced to a term of imprisonment for 5 years. The said High Court of the Federal Capital Territory, Abuja will hereinafter simply be referred to as “the lower court”.

The facts of the case are that the Appellant alleged that one Mathew Micheal Tyokuwa owed him one hundred and fifty Naira only. The sum of money was the amount the Appellant charged a customer for the repair of an umbrella but which repairs the Appellant allowed the said Mathew Micheal to carry out. Mathew Michael Tyokuwa pocketed the money paid by the customer and the subsequent demand for the money by the Appellant on 17/9/2005 led to a fight between the two of them. The Appellant eventually stabbed Mathew Michael Tyokuwa and he died at the scene of the fight.

A charge of culpable homicide punishable with death under Section 221(b) of the Penal Code was subsequently proffered against the Appellant in respect of the death of Mathew Michael Tyokuwa. The lower court having the benefit of the evidence adduced by the prosecution through the 3 witnesses it called and the evidence proffered by the Appellant in his own behalf found the Appellant guilty of the offence of culpable homicide not punishable with death. The Appellant was sentenced to five years imprisonment as earlier stated.

The Appellant being dissatisfied with his conviction and sentence appealed against the judgment of the lower court by an undated Notice of Appeal filed on 10/4/2008. The Appellant with the leave of this Court later filed additional grounds of appeal. The Notice of Appeal contains one ground of appeal; while two additional grounds of appeal were filed by the Appellant. The sole ground of appeal in the Notice of Appeal shorn of its particulars read: –

1. ERROR IN LAW

The judgment of the lower court is unreasonable and unwarranted and cannot be supported having regard to the evidence.

The two additional grounds of appeal shorn of their respective particulars

GROUND 1

The learned trial judge erred in law and proceeded on wrong principles of law when he held that the defence of self-defence did not avail the Appellant and convicted him of manslaughter.

GR0UND 2

The learned trial judge erred in law in holding that ‘Exhibit A’ was a confessional statement of the Appellant and proceeded upon wrong principles of law to convict the Appellant.

In compliance with the rules of this Court, parties duly filed on 24/9/2008 but deemed as properly filed and served on 26/3/2009 was settled by sam T. Ologunorisa Esq., while the respondent’s brief of argument dated 3/4/2009 and filed on 6/4/2009 was settled by Samuel Zibiri Esq. The appeal was entertained on 29/10/2009 and learned lead counsel for the parties relied on and adopted the briefs of argument filed on behalf of their respective clients.

The three (3) Issues which the Appellant formulated for the determination of the appeal in his brief of argument are: –

(i) Whether in the circumstances the defence of self-defence avails the Appellant and the effect of the availability of the defence on the judgment of the lower court.