Isa Kassim V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

The appellant was tried and convicted for culpable homicide punishable with death under Section 221 of the Penal Code Law of Kano State. Among the pieces of evidence on which the trial High Court of Kano State relied on to sustain his conviction and sentence are Exhibits 1, the Medical Report and Exhibits 2 & 3 respectively the appellants extra judicial statements which are confessional in nature. His conviction and sentence were affirmed by the Court of Appeal; hence this further appeal.

For this appeal, the appellant through his counsel, Wilson O. Diriwari, Esq., formulated one issue for the determination of the appeal that is:-

“Whether the learned Justices of the Court below were right to place reliance on the inadmissible evidence to affirm the Appellant’s conviction and sentence, notwithstanding the failure by the Respondent to prove the guilt of the appellant beyond reasonable doubt with cogent, credible and compelling evidence”

(Raised from ground 1, 2 & 3).

For convenience, the respondent’s counsel, Sanusi Salisu Ali, Esq., broke the single

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issue formulated by the appellant into two effective and active components, namely:

“i. Whether Exhibits 1, 2, & 3 are inadmissible in law for failing to satisfy the requirements and conditions for their admissibility evidence under the relevant provisions of the Evidence Act, 2011; and

ii. Whether respondent has proved the guilt of the Appellant beyond reasonable doubt with cogent, credible and compelling evidence required by law”

I shall, and do hereby, adopt the two Issues formulated by the respondent.

Exhibits 2 & 3 are extra-judicial statements of the appellant made to the police in the course of their investigation of the alleged offence of culpable homicide. They are confessional. They formed part of the respondent’s case file. Exhibit 1 was the Medical Report issued from M. A. Wase Specialist Hospital Kano. It is dated 26th January, 2009. It also forms part of the case file built by the respondent in the course of the investigations to the alleged culpable homicide.

It is not in dispute that Exhibits 1, 2 & 3 are public documents within the meaning of public documents under Section 102 of the Evidence Act, 2011

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