Babangida John V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SOTONYE DENTON WEST, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Kwara state, Ilorin Division in suit No KWS/2C/2008. The judgment was delivered by Honourable Justice H. A Saleeman on the 1st Day of June, 2010. The appellant is appealing against the conviction and sentence passed on him by the court.

The appellant was convicted on a one-court charge which read this:-

“That you Babangida John on or about 18th day of June 2007 at Ripiyo village, Atere Camp via Banni Moro Local Government Area of Kwara State within the jurisdiction of this Honorable Court committed culpable homicide punishable with death to wit; you did cause the death of Memunatu Rasaki by matcheting her severally with cutlass and thereby committed an offence punishable under Section 227 of the Penal Code”

The Charge was read to the Appellant and he pleaded “Not guilty”. The Prosecution called three witnesses and tendered eight exhibits and the Appellant gave his evidence without calling other witnesses and he was eventually convicted and sentenced to 14 years imprisonment.

The Appellant being aggrieved by the decision of the Court below has, Ex debito justitiae, appealed to this Court. His Notice of Appeal filed 14/6/2010 was accompanied by eight grounds of appeal.

On 27/6/2011 when the Appeal was heard, learned Counsel for the Appellant adopted the Brief of Argument dated 19th day of August 2010 and urged that the Appeal be allowed. The Appellant distilled a singular issue thus;

Whether the Learned Trial Judge was right, to have convicted the Accused person /Appellant, solely on his confessional statement, without considering the totality of evidence before it.”

In the same fashion, on the stated date when the appeal came up for hearing, Learned Counsel for the Respondent adopted the Respondent’s Brief of Argument dated 19/4/2011 but deemed properly filed and served on 31/05/2011 and prayed that the Appeal be dismissed. In a concise manner, the Respondent Counsel adopted the Appellant’s sole issue for determination and resolution.

ISSUE ONE AS SOLE ISSUE

Whether the Trial Judge was right, to have convicted the Accused person /Appellant solely on his confessional statement without considering the totality of evidence before it.

The Appellant vide His Counsel submitted that by virtue of the provisions of Section 138(1) of the Evidence Act, the Burden of Proof in a criminal case is on the Prosecution and it must be proved beyond reasonable doubt .He referred this Court to the case of JUA V. STATE (2010) All FWLR (Pt.521) 1427 at 1443 to support his submission.

Appellant Counsel further argued that though the Confessional Statement of an accused person is enough to ground conviction without corroborative facts, but that where such confessional statement creates doubt in the mind of the Court, such doubt must be resolved in favour of the Accused person.

The Appellant alleges that Exhibit P8 and the evidence of the Appellant when combined, creates doubt in the mind of the Court and same should be resolved in favour of the accused person. He referred this Court to the case of SHEMFE V. NAF (2000) 15 WRN 56 at 69 to buttress his point.