Mamman V. State (2022)

LAWGLOBAL HUB Lead Judgment Report

EMMANUEL AKOMAYE AGIM, J.S.C.

This appeal No. SC.687/2018 was commenced on 28-4-2018 when the appellant herein filed a notice of appeal against the judgment of the Court of Appeal delivered on 29-3-2018 in Appeal No. CA/K/297A/C/2015 setting aside the decision of the High Court of Jigawa State delivered on 30-12-2014 in charge No. JDU/38C/2013. The trial Court had convicted the appellant of conspiracy to inflict grievous injuries on one Aisha Ali and the offence of culpable homicide punishable with death and sentenced him to death by hanging. The Court of Appeal set aside the trial Court’s judgment, convicted the appellant of the lesser offence of causing the death of the deceased with the intention of causing her grievous hurt and sentenced him to an imprisonment term of 14 years.

Both sides filled, exchanged and adopted their respective briefs as follows – appellant’s brief and respondent’s brief.

The appellant’s brief raised the following issues for determination ”

1. Whether the lower Court was right in its judgment that it was the appellant that caused the victim’s death notwithstanding glaring contradictions in the evidence adduced by the prosecution witnesses. (Ground 1 and 2 of the Notice of Appeal)
2. Whether the lower Court was right in its judgment in convicting and sentencing the Appellant for a lesser offence of causing death of the deceased with the intention of causing her grievous hurt punishable under Section 225 of the Penal Code when the prosecution failed woefully to proof all ingredients of the said offence. (Ground 3 of the Notice of Appeal)

The respondent’s brief raised one issue for determination as follows – “Whether there are material contradictions in the evidence adduced by the prosecution at the trial to warrant setting aside the decision of the lower Court”.

All the issues raised for determination in this appeal and all the grounds of this appeal raise questions of fact or mixed law and facts. This has caused me to find out if leave of the Court of Appeal or of this Court was first obtained to appeal on grounds of facts or mixed law and facts before this appeal was commenced on 28-4-2018 and if such leave was legally necessary.

​There is nothing in the record of this appeal that shows that the appellant obtained leave of this Court or of the Court of Appeal to appeal on facts or mixed law and facts before he commenced this appeal.

​Since the trial Court’s sentence of death was not affirmed by the Court of Appeal and all the grounds of this appeal raise only questions of facts or mixed law and facts, the appellant should have first obtained leave of the Court of Appeal or of this Court to appeal on grounds of facts or mixed law and facts before commencing this appeal by virtue of Section 233(2) and (3) of the Constitution of the Federal Republic of Nigeria 1999 which provide thusly- An appeal shall lie from the decision of the Court of Appeal to the Supreme Court as of right in the following cases-

(a) Where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings before the Court of Appeal.

(b) decisions in any civil or criminal proceedings on questions as to the interpretation or application of this Constitution

(c) decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV of this Constitution has been, is being or is likely to be contravened in relation to any person

(d) decision in any criminal proceedings in which any person has been sentenced to death by the Court of Appeal or in which the Court of Appeal has affirmed a sentence of death imposed by any other Court

(e) decisions on any question –

(i) whether any person has been validly elected to the office of President or Vice-President under this Constitution.