Haliru Dahiru V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

The Appellant was arraigned and prosecuted at the High Court of Justices of Katsina State, sitting at Katsina in Katsina State Judicial Division for the offence of Culpable Homicide punishable with death contrary to Section 221(b) of the Penal Code, and was convicted and sentenced to death by hanging having been found guilty of causing the death of one Aminu Sani on 29th May, 2004.

The lone head of charge upon which the Appellant was convicted is adumbrated as follows:-

THE CHARGED:

“FIRST HEAD OF CHARGE”

That you Halliru Dahiru of Kofar Yandaka quarters Katsina on or about the 29th day of May, 2004 at the same address, committed the offence of Culpable Homicide punishable with death in that you caused the death of one Aminu Sani by doing an act to wit stabbing him with a knife twice on his back with the knowledge that his death would be the probable consequence of your act; and thereby committed and offence punishable under Section 221 of the Penal Code.”

1

In convicting and sentencing the Appellant to death, the trial Court in its judgment held, inter alia as follows:-

“I have no doubt in my mind that the accused person contemplated what he did and that the prosecution has proved the offence charged against the accused person and that the accused person has no defence to the offence charged. Accordingly I hereby convict him of the offence charged with. Since the punishment for the offence is death, I hereby recommend him to the executive Governor of the State for confirmation of the sentence accordingly or otherwise.

In proof of its case, the prosecution called six witnesses and tendered three Exhibits namely, the confessional statement of the accused/appellant, three knives and one caftan cloth. For his defence, the Appellant testified on his own behalf without calling any witness or tendering any Exhibit.

At the end of the trial the learned trial Judge on 31/3/2004 in his considered Judgment found the Appellant guilty as charged, convicted and sentenced him to death by hanging under Section 221(b) of the Penal Code.

Dissatisfied with the decision of the trial Court, the Appellant appealed to the Court of Appeal vide Notice

2

and Grounds of Appeal dated 10th May, 2004, containing one (1) Ground of Appeal. In its considered Judgment, delivered on the 4th day of June, 2014, the Court of Appeal found the appeal of the Appellant without merit, it accordingly dismissed same, and affirmed the Judgment of the trial Court dated 31/3/2004 – Convicting and Sentencing the Appellant to death by hanging.