Mati Musa V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI M. ABBA AJI, J.C.A. (Delivering the Leading Judgment)

The Appellant herein, was charged with the offence of culpable homicide punishable with death under Section 221 of the Penal Code, Laws of Katsina State of Nigeria, 1991 and was arraigned before the High Court of Katsina State, holden at Dutsinma (hereafter called the Trial Court), on a one count charge as follows:-

“That you Mati Musa (alias Baso) of Gerawa Village Dutsinma Local Government Area, on or about the 2nd of May, 2004 at about 1030 hours at a well situated near the house of one Rabo Goje of the some address, committed culpable homicide punishable with death in that you used a stick and hit one Salisu Yusuf on his head with the intention of causing his death and which caused his death, and you thereby committed an offence punishable under Section 221 of the Penal Code.”

The Appellant pleaded not guilty to the charge.

The facts, as can be gleaned from the Records, are, that the Appellant, a farmer and a rearer on the 2nd of May, 2004 went to a well to fetch water and there he met Salisu Yusuf, (the deceased), Amadu Yusuf (PW1), and Audu Yusuf (PW4) laughing and making jest of him by calling him a black dog. This annoyed him and he therefore beat the deceased with a stick on the head.

At the trial, the Prosecution in proof of its case called six witnesses, PW1-PW6 and tendered Exhibits 1A, 1B, 2A, 2B, 3, 4A and 4B

Exhibit 1A is the Hausa version of the Appellant’s confessional Statement recorded by PW5 on 6/05/2014;

Exhibit 1B is the English Translation of Exhibit 1A, recorded on the same date;

Exhibits 2A and 2B are two photographs bearing the name of Salisu Yusuf, the deceased;

Exhibit 3 is a medical report signed by the doctor and dated 4/05/2011;

Exhibit 4A is the Hausa version of the Appellant’s confessional statement recorded by PW5 on 2/5/2004;

Exhibit 4B is the English translation of Exhibit 4A, recorded on the same date.

The Appellant in his defence testified as DW1. He called no other witness.

After the close of evidence and final address, the Trial Court, coram Hon. Justice I.B. Ahmed, in a considered judgment delivered on the 5th of December, 2012 found the Appellant guilty as charged. At page 89 of the Record, the Trial Court held inter alia: