Commissioner Of Police v. Philemon Simon (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ONYEKACHI AJA OTISI, JCA (Delivering the leading judgment)

This appeal was lodged against the judgment of the High Court of Kaduna State sitting in Kafanchan (the lower court), delivered on June 28, 2022, Coram S. S. Daka, J., wherein the respondent, as defendant, who was charged alongside a co-defendant, for the offences of criminal conspiracy and culpable homicide punishable with death, was discharged and acquitted.

The facts leading to this appeal can be summarized in this manner: The respondent was alleged to have conspired with the co-defendant, one Barnabas Kumai, to beat a certain Yunana Abuks to death with sticks on 8/1/2021, at Ungwan Katung Dutse, Fadan Kagoro, Kaura Local Government Area of Kaduna State.

The appellant was charged with the offence of criminal conspiracy to commit culpable homicide, and culpable homicide punishable with death, punishable under sections 59 and 109(b) of the Penal Code Law of Kaduna State, 2017, respectively. Upon conclusion of the hearing of the case, the respondent was discharged and acquitted.

Dissatisfied with the decision of the lower court, the appellant filed a notice of appeal on 20/9/2022 on five grounds of appeal, pages 55 – 60 of the record of appeal.

The parties filed briefs of argument, pursuant to the rules of court. The appellants brief was filed on 29/11/2023. The respondents brief was filed on 18/1/2023. At the hearing of the appeal on 8/10/2024, the briefs were adopted by J. E. A. Demechi-Asagba, Esq., for the appellant, and O. Fapohunda, Esq. for the respondent.

The appellant distilled a sole issue for determination thusly:

“Whether the appellant did not prove the ingredients of the offences of conspiracy to commit culpable homicide and culpable homicide pursuant to sections 59 and 190(b) of the Penal Code Law of Kaduna State, 2017 against the respondent beyond reasonable doubt.”

For the respondent, the sole issue for determination was framed in this manner:

“Whether the trial court was right when it held that the prosecution failed to prove the charge of criminal conspiracy and culpable homicide punishable with death against the respondent, (distilled from grounds 1 – 5 of the notice of appeal).”

The parties seek similar resolutions, though couched differently. The court shall adopt the issue for determination of this appeal as distilled by the respondent, as it is apt and captures the essence of the complaint of the appellant.

Arguments of counsel

The appellants counsel acknowledged that the burden of proving the guilt of the Respondent beyond reasonable doubt, rested on the Appellant, citing Abdu v. State (2019) All FWLR (Pt. 973) 531 at 544, Okejere v. State (2017) All FWLR (866) 386 at 419, Idemudia v. State (2015) 46 WRN 1; (2015) All FWLR (Pt. 800) 1302 at 1322. It was submitted that the proper approach to an indictment which contains conspiracy, is to deal with the substantive charge and then the conspiracy charge, citing Usman Saminu (A.K.A. Danko) v. The State SC 38/2016 (Unreported).

Counsel submitted that the ingredients of culpable homicide are that, there was death of a human being; the death was caused by the act of the accused and there was knowledge and intention to cause death, relying on section 190(b) of the Penal Code Law of Kaduna State, 2017, John v. The State (2013) All FWLR (Pt. 666) 505 at 521, Ismail v. The State (2008) 32 WRN 126; (2008) All FWLR (Pt. 434) 1567 at 1590. It was further submitted that the appellant proved the allegations against the respondent beyond reasonable doubt through the established evidence of PW1, PW2, PW3 and the exhibits tendered.