Mairo Danladi v. The State (2025)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

OBANDE FESTUS OGBUINYA, JSC (Delivering the leading judgment)

This appeal interrogates the rightness of the decision of the Court of Appeal, Abuja Division (herein under addressed as “the lower court”), Coram judice S. J. Adah, E. O. Williams-Dawodu and M. A. Idris, JJCA, in appeal No. CA/A/210C/2020, delivered on the 21st December, 2020.

In its judgment, the lower court affirmed the decision of the High Court of Niger State (the trial court), in charge No. NSHC/MN/9C/2016, delivered on the 6th November, 2019, wherein Aisha A. L. B. Bwari, J. convicted the appellant for culpable homicide punishable with death.

The synopsis of the material facts of the case, which transmuted into the appeal, are incompatible with complexity. On the 28th March, 2014, in Kichikpa village via Kafin Koro in Paikoro Local Government Area of Niger State, one Lami Danladi bathed her three months baby boy, Musa Danladi, and laid him in her room.

The appellant entered the room and administered a poisonous substance, popularly known as Otapiapia, on the baby.

Thereafter, she passed by the baby’s mother, Lami Danladi. The baby started crying. The appellant went and brought the baby to the mother who tried to breast feed but he refused to suckle. The baby was taken to the chemist and from there to the General Hospital, Kafin Koro where he died.

The appellant confessed to her husband, Danladi Shaba, the baby’s father, that she administered the poisonous substance on the baby. Danladi Shaba took the matter to their village head who took them to the Police Station, Kafin Koro.

After due investigation, the appellant was arraigned before the trial court on a one-count information for the offence of culpable homicide punishable with death contrary to the provision of section 221(a) of the Penal Code Law (as revised) Cap. 94, Laws of Niger State, 1989. The appellant pleaded not guilty to the charge.

Following her plea of not guilty, the trial court had a full-dress determination of the case. In proof of the case, the respondent fielded five witnesses, PW1-PW5. In disproof of the case, the appellant testified as DW1 and called no other witness. Documentary evidence were tendered by the parties.

At the closure of evidence, the parties, through their respective counsel, addressed the trial court in a manner allowed by law. In a considered judgment, delivered on the 6th November, 2019, reflected at pages 104 – 130 of the record, the trial court found the appellant guilty of the offence, convicted and sentenced her to death.

The appellant was still dissatisfied with the decision. Hence, on the 29th January, 2020, the appellant launched an eight ground notice of appeal, pasted between pages 131 -136 of the record, before the lower court. The lower court heard the appeal. In a considered unanimous judgment, delivered on the 21st December, 2020, lying between pages 211 – 236 of the record, the lower court dismissed the appeal.

The appellant was peeved by the decision. Consequently, on the 20th January, 2021, the appellant lodged a five-ground notice of appeal, copied at pages 237 -242 of the record, wherein she prayed this court for:

1. An order of this honourable court allowing this appeal
2. An order setting aside the judgment of the Court of Appeal which affirmed the conviction and sentence of the appellant by the Niger State High Court sitting in Minna lower court in the judgment contained in charge No. NSHC/MN/9C/2016 delivered on the 6th day of November, 2019.
3. An order of this honourable court discharging and acquitting the appellant.

Thereafter, the parties, through their counsel, filed and exchanged their respective briefs of argument in line with the procedure governing the hearing of criminal appeals in this court. The appeal was heard on the 12th December, 2024.

During its hearing, learned counsel for the appellant Olaide Bamidele Akinseye-George, Esq. adopted the appellant’s brief of argument, filed on the 12th July, 2021, and the appellant’s reply brief of argument, filed on the 21st January, 2022, both deemed properly filed on the 12th December, 2024, as representing his arguments for the appeal.