Aisha Mahmuda Vs The State (2023) LLJR-SC

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

IBRAHIM MOHAMMED MUSA SAULAWA, JSC (Delivering the leading judgment)

The appeal is consequent upon the judgment of the Court of Appeal, Jos Judicial Division, delivered on May 10th, 2019 in appeal No. CA/J/77C/2018.

By the said judgment, the court below, Coram Onyemenam, Abiru, and Ugo, JJCA, dismissed the appellant’s appeal and affirmed the judgment of the trial Borno State High Court in charge No. BOHC/MG/CR/10/2017, thereby convicting and sentencing the appellant to death for culpable homicide punishable with death under section 221 (b) of the Penal Code Cap.102 Laws of Borno State, 1994.

Background facts

On March 1st, 2017, the appellant was arraigned before the trial court upon one count charge of culpable homicide punishable with death.

Consequent upon reading and interpreting the said charge, the appellant pleaded guilty thereto. However, the trial court entered a plea of not guilty:

Court – Despite the plea of guilty by the accused person this court shall enter a plea of not guilty. Consequently, the court hereby enters a plea of not guilty and the prosecution is ordered to call evidence in prove (sic) of its case as the accused is standing trial for the offence of culpable punishable with death.

In the course of the trial, the prosecution called a total of four witnesses in the persons of Tukur Usman police inspector No 162780, Bello Abubakar, Habu Adamu and Sgt. Isa Yusuf, who testified as PW1, PW2, PW3, and PW4, respectively. Exhibits A, A1, A2, B, and C were admitted at the instance of the prosecution. The appellant testified in her defence but called no other witness.

On 02/05/2017, the trial court accorded the prosecution leave to amend the one-count charge:

Amended charge

That you Aisha Mahmuda ‘F’ a woman of 20 years old, on or about the 30/11/2016 at 0730hrs at Mandaragrau village of Biu Local Government Area which is within the jurisdiction of this hon. court did commit an offence of culpable homicide punishable with death in that you caused the death of one Mahmuda Adamu by stabbing him on his stomach and that you thereby committed an offence punishable under section 221(b) of the Penal Code, Cap 102 Laws of Borno State 1994.

The amended charge was read and explained to the appellant, who once again pleaded guilty thereto. The learned counsel addressed the court thereby resulting in adjourning the case to 09/05/2017 for judgment. Eventually, on 25/05/2017, the trial court delivered the vexed judgment to the conclusive effect:

On the whole, I hold that the prosecution had proved the guilt of the accused beyond reasonable doubt. Consequently, I hereby find you, Aisha Mahmuda guilty as charged and accordingly convict you for the offence of culpable homicide under to (sic) section 221(b) of the Panel Code Law Cap 102 Laws of Borno State of Nigeria 1994 …

Sentence