Lawal A. Lawal v. The State (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUSLIM SULE HASSAN, JCA (Delivering the leading judgment)

This is an appeal against the decision of the High Court of Justice of Katsina State, sitting at Katsina, delivered by his Lordship Honorable Justice A.K Tukur on the 6th of August, 2022, in suit No: KTH/38C/2015, wherein the trial court found the appellant guilty of the offence of Culpable Homicide not punishable with death, and convicted him to 15 years imprisonment with hard labor.

The appellant was charged alone before the trial High Court for the offence of Culpable Homicide punishable with death.

The appellant was arraigned before the trial court on the 20th of June, 2016 for the offence of Culpable Homicide punishable with death under section 221 of the Penal Code. See page 42 of the record for the plea and page 1 of the record for the charge.

Upon the full prosecution of the case against the appellant, he was found guilty on the one count charge, convicted, and was sentenced to fifteen years imprisonment with hard labor.

The one count charge filed against the appellant reads as follows:

The charge

That Lawal A. Lawal of Kofar Marusa Quarters, Katsina, Katsina Local Government Area of Katsina State, on or about the 1st day of November, 2014, at the same address, committed culpable Homicide punishable with death by doing an act to wit: hitting one Kamala Yusuf with a stick on the head, with the knowledge that death would be the probable consequence of your act and you thereby committed an offence punishable under section 221 of the Penal Code.

The appellant took his plea on the 20th of June, 2016 and he pleaded not guilty to the charge. The respondent in fulfillment of her duty in proof of the charge against the appellant called seven witnesses amongst whom is the neighbor to the appellant, the community leader of Marusa Quarters and the Investigating officer who conducted investigation on the case.

The witnesses were recorded by the trial court as PW1, PW2, PW3, PW4, PW5, PW6 and PW7 respectively. The witnesses testified and tendered exhibits. See pages 43 to 70 of the record.

The appellant on his part who testified as DW1 gave evidence for himself in defense of the charge against him, and closed his defense, See pages 70 to 72 of the record.

Parties filed written addresses and the trial court in her considered judgment found at pages 75 – 80 of the record found the appellant guilty as charged and sentenced him to 15 years imprisonment with hard labor. See page 80 of the record.

The appellant being aggrieved with the decision of the trial court had lodged this appeal against same to this court vide his notice of appeal containing two grounds filed on the 6th of December, 2022. The notice of appeal is found at pages 81 – 83 of the record.

The record of appeal was compiled and transmitted to this court on the 15th of December, 2022. The appellant’s brief was filed on the 15th day of December, 2022. The respondent’s brief was filed on the 26th of June, 2023 deemed on the 21st November, 2024.