Isah Kassim V. The State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment)

The appellant was the accused person in charge No. K/19c./2012 at the Kano Judicial division of the High Court of Kano State. In the one count charge dated 15th February, 2012, the appellant was alleged of committing the offence of culpable homicide punishable with death under Section 221 (b) of the Penal Code (cap. 105) Laws of Kano State 1991 in that on or about 15/1/2009 at about 1600 hrs., at hotoro quarters, Kano he stabbed one Akaraja Musbahu with a knife in his back till he died with the knowledge that death would be the probable consequence of his act.

The appellant pleaded not guilty to the charge whereupon the prosecution called four witnesses as PW1 – PW4 and the appellant gave evidence in defence of the charge without calling any additional witness.

In the considered judgment of the High Court of Kano State delivered by Hon. Justice Wada Abubakar Omar on 19th November, 2013, the appellant was found guilty of the offence as charged, convicted and sentenced to death by hanging. The learned judge however took cognizance of the age of the appellant among

1

other circumstances and recommended him for mercy by the Governor of Kano State.

Not satisfied with the judgment of the High Court of Kano State (hereinafter called the trial Court), the appellant filed a Notice of Appeal with two grounds of appeal, in commencement of his appeal to this Court.

The evidence of the prosecution witnesses 1 and 2 is that on 15/1/2009 at about 4:20pm to 4:30pm there was a quarrel between the appellant and one Akaraja Musbahu who the appellant had tried to prevent from fetching water at a water tap in a house at hotoro, Kano where both of them were working.

The quarrel resulted in a fight and in the course of which the appellant stabbed Akaraja Musbahu with a knife at his back, he was taken to hospital where he died later that day while the appellant was taken to the Police Station and thereafter to the State Criminal Investigation Department of the Police in Kano. The PW3 tendered the medical Report of the death of Akaraja Musbahu, as well as the first extrajudicial statement of the appellant, while PW4 tendered the 2nd extrajudicial statement all of which were admitted as exhibits 1, 2 and 3 respectively without

2

objection from the appellant or his learned Counsel at the trial.

Before this Court, Briefs of Argument were filed and exchanged by the parties to the appeal which were respectively adopted and relied upon at the hearing of the appeal.

In the Appellant’s Brief of Argument settled by Wilson O. Diriwari Esq., who also adopted same at the hearing of the appeal, the lone issue formulated for determination is; whether in the absence of cogent and compelling evidence by the Respondent to establish the guilt of the Appellant, the learned trial judge was right to convict the Appellant for the offence charged. This lone issue was adopted in the Respondent’s Brief of Argument settled by Sanusi Aliyu Esq., Deputy Director Citizen Rights, Ministry of Justice, Kano State who adopted the Brief at the hearing of the appeal.

This appeal will be considered and determined on the basis of this issue formulated and adopted by the parties.