Hali Hassan v. The State (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

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

The instant appeal is against the judgment of the Court of Appeal Sokoto Judicial Division, delivered on March 23, 2017 in appeal No. CA/S/21C/2015.

By the said judgment, the court below affirmed the judgment of the Sokoto State High Court delivered on November 20, 2014, thereby convicting and sentencing the appellant to death for the offence of culpable homicide punishable with death, contrary to section 221(b) of the Penal Code.

Background facts

The appellant was arraigned before the trial High Court upon a one count charge, dated December 5, 2012:

Charge

That you Hali Hassan on or about 11th day February, 2012, at about 0100hrs at Unguwar Marke Village of Tambuwal Local Government Area of Sokoto State within the Sokoto Judicial division committed the offence of Culpable Homicide to wit: you caused the death of one Hali Nakalangu in which you stabbed him twice on his neck with knife which resulted to his death at the spot with the knowledge that his death will be the probable consequences of your act, you thereby committed an offence punishable under section 221(b) of Penal Code.

The charge was read and explained to the appellant, to which he pleaded not guilty.

In the course of the trial, a total of four witnesses testified for the prosecution as PW1, PW2, PW3 and PW4, respectively. The prosecution equally tendered a knife and the Hausa and English versions of the extra-judicial statement of the appellant, which were admitted as exhibits A, B & E, respectively.

At the end of the prosecution’s case, the appellant testified as DW1 in his defence, albeit called no any other witness.

The trial having come to a close, the trial court adjourned for judgment which was delivered on 20/11/2014, to the conclusive effect:

“On the whole, it is the view of this court that the prosecutions have proved its case against the accused person, Hali Hassan and I so hold.

The prosecution having proved the charge of culpable homicide punishable with death contrary to section 221(b) of the Penal Code against the accused person, Hali Hassan, the accused person is thereto hereby convicted as charged.

Allocutus