Asabe Abdullahi V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR ALKALI ABBA, J.C.A. (Delivering the Leading Judgment)

This is an appeal emanating from the Judgment of Justice T. Oluoti of the High Court of Justice Yola Judicial Division of Adamawa State, wherein the Appellant, Asabe Abdullahi was arraigned before that Court and charged with the offence of Culpable Homicide punishable with death contrary to Section 221 (b) of the Penal Code Law and punishable under same Section.

The Appellant was alleged to have caused the death of one Binta Isa (now deceased) by setting her dwelling house on fire while she was sleeping inside at night with the intention of causing her death.

The prosecution, in a bid to proof its case against the Accused, called 6 witnesses and tendered 5 five exhibits. The Appellant testified as the only witness for the defence.

The trial Court in its Judgment delivered on the 19th July, 2004 found the Appellant guilty as charged, convicted and sentenced her to death. Dissatisfied with the decision of the trial Court, the Appellant has approached this Court by way of appeal against the Judgment. She has total 7 grounds of appeal with 5 original grounds and 2 additional grounds filed after leave of this Honourable Court was granted on the 10th May, 2011.

ISSUES FOR DETERMINATION

Both the Appellant and Respondent have formulated 2 issues for determination thus:-

1. Was there enough evidence adduced by the prosecution upon which the Appellant could have been convicted for Culpable Homicide punishable with death?
2. Did the amendment of the particulars of the charge by the learned trial Judge in the course of his judgement not occasion a miscarriage of Justice thereby rendering the conviction and sentence of the Appellant a nullity?

Before reviewing the argument and the submissions by Appellant on the two issues for determination which each side relied; it is important to note that the appellant shifted or changed his prayer or relief sought in his reply brief.

In appellant brief of argument counsel urged that the conviction and sentence of death be set aside and Appellant be acquitted, and or alternative the trial be nullified and we order retrial. In the reply brief on points of Law appellant counsel after brilliant submission and well articulated legal arguments and legal authorities prayed as follows:

(1) This Honourable Court will be urge IN THE ALTERNATIVE TO THE ARGUMENT THAT THE JUDGEMENT OF THE LOWER COURT IS A NULLITY TO CONVICT THE APPELLANT OF A LESSER OFFENCE TO WIT:-

(a) culpable homicide not punishable with death under Section 227 (2) of the Penal Code or

(b) causing death with the intention to cause hurt only contrary to Section 225 of the Penal Code or

(c) Voluntarily causing grievous hurt as defined by Section 243 of the Panel Code or

(d) As a last resort to order a retrial.