Hassan Wakili V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Jigawa State High Court in Charge No. JDU/29C/2008 delivered by Hon Justice Ubale A. Taura on the 28th day of July 2010 wherein the Appellant was sentenced to death on a charge of culpable homicide.

The Appellant was charged with culpable homicide punishable with death under Section 221 of the Penal Code and arraigned before the State High Court of Jigawa State (hereinafter called the trial Court) on a one count charge as follows:’

“That you, Hassan Wakili ‘M’ of Yalwa Masari village of Guri Local Government Area within Jigawa Judicial division on or about the 3rd day of July 2008 at about 3:00 hours sneaked into the house of one Jummai Sa’id ‘F (now deceased) in Masari Village with along curved knife called ‘Giriyo’ and committed homicide by doing an act to wit: using the said long curved knife and inflicted several cuts to one Jummai Sa’id (now deceased) on several parts of her body including her hand and knee with the knowledge that death will be the probable consequences of your act you thereby committed an offence

punishable under Section 221 (b) of the Code

The Appellant pleaded not guilty to the charge. The facts relied upon by the prosecution were that the Appellant’s wife became ill and in pains, called the name of the deceased (Jummai Sa’?id) as the person responsible for her illness. The Appellant reported the matter to the village head who settled the parties. On 3/07/2008 when the Appellant’s wife became ill again, she still called the name of the deceased person. This angered the Appellant and he took his curved knife (Gario) and went to the deceased house, he inflicted injuries on her and left her in the pool of her blood, this eventually led to her death.

The prosecution called three (3) witnesses in proof of its case and tendered five (5) Exhibits, which were admitted in evidence and marked as Exhibits 1, 2A, 28, 3A and 3B.

The Appellant closed his case after his evidence as DW1. The learned trial Judge in a considered judgment found the Appellant guilty of the offence charged and sentenced the Appellant to death by hanging. Dissatisfied with the decision of the learned trial judge, the Appellant vide an order of Court for

extension of time to appeal granted on the 29/9/2014 appealed against the judgment by filing a notice of

appeal dated 2nd day of October 2014 upon ten grounds of Appeal. The grounds are hereby reproduced.

GROUND 1

The learned trial judge erred in law in convicting and sentencing the accused/Appellant to death by hanging for the offence he was charged when all the ingredients of the offence of culpable homicide have not been proved thereby occasioning miscarriage of justice against the accused/Appellant.

GROUND 2

The learned trial judge erred in law when he held that the prosecution has proved its case against the Appellant when there are material contradictions in the evidence of the prosecution witnesses.