Danladi Musa V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

The Appellant was on 24th day of April 2002 arraigned before the High Court of Justice Plateau State (R. K. SHA-J) Holden at Jos charged with an offence of Culpable Homicide Punishable with death contrary to Section 221 of the Penal Code.

The particulars of the offence against the Appellant reads as follows:-

“THAT YOU DANLADI on or about the 2nd day of June, 1996 at Mangu within the Jos Judicial Division did commit Culpable Homicide Punishable with death in that you caused the death of one Solomon Musa, Male by doing an act to wit stabbing him with a knife on the stomach and chest the intention of causing his death and thereby committed an offence punishable under Section 221 of the Penal Code.

It is a pathetic case through the facts are straight the facts are straight forward. The Appellant of his own volition ran to Mangu Police Station on 2nd June, 1996 and reported that he had stabbed his younger brother Solomon Musa, Male, with a knife. The victim was taken to the Hospital/Clinic where he died shortly thereafter.

The Appellant was detained. He was later arraigned before the Plateau State High Court. He pleaded not guilty to the charge against him. The Investigating police officer and a Medical Doctor testified for the prosecution while the Appellant gave evidence for himself. In his judgment delivered on 25th day of October, 2006 the learned trial Judge found the Appellant guilty as charged and the learned trial held:-

“Having found all that I have found, it is easy from the fact proved by the prosecution to deduct or infer from them that the accused, Danladi could only have intended to cause the death of the deceased, or to cause grave and serious bodily harm to him. The law is settled that a man intends the natural consequences of his act or conduct. Therefore, when the accused used a sharp and double edged knife with a pointed end (i.e. Exhibit B) on his defenceless brother by stabbing or pushing such a knife into the chest and the stomach with the kind of force he used, he could only have intended to kill, or to cause the deceased grave and serious injuries.

According to the Medical report, Exhibit F, the wound on the chest measured 3 x 2 x 0.5 cm, while that on the stomach caused a protrusion of the deceased intestines measuring 7 x 3 cm. An adult of any background would know that by inflicting such injuries, death would be the probable consequence and not just a likely consequence.

On the whole, I am of the firm view that the prosecution has proved all the essential ingredients necessary to ground the offence of Culpable Homicide punishable with death, against the accused, Danladi Musa and I hold so. Accordingly I HEREBY convict the accused, Danladi Musa, of the offence Culpable Homicide, Punishable with death under Section 221(a) of the Penal Code.”

The Appellant was dissatisfied with the verdict of the lower court and consequently appealed to this court vide Notice of Appeal dated the 15th day of December 2006 and filed on the same date. The grounds of appeal filed are as follows:-

“I, DANLADI MUSA, having been convicted of the offence of culpable homicide punishable with death under Section 221(a) of the Penal Code and now being a prisoner in Jos Prison, Jos Plateau State do hereby give notice of appeal against my conviction (particular of which hereinafter appear) to the court on the following grounds:-

GROUNDS OF APPEAL

GROUND ONE

1. The decision of the lower court is unreasonable, unwarranted and cannot be supported by the evidence.

The lower court erred in law when it failed completely to consider the defence of death occurring in a fight without any intention on the part of the appellant to cause the death of the deceased, which defence was made out by the evidence.