Mohammed Maidabo V. State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment)

This is the judgment in respect of the appeal filed by the appellant against the decision of Kangiwa J. of High Court of Justice Argungu delivered on 22/9/2014.

The appellant was the accused in Suit No KB/AR/1C/2013 before the said Court.

The accused was charged as follows

“That you MUHAMMAD MAIDABO “M” on or about the 30th day of December, 2011 at Kara Market Argungu within the jurisdiction of the Argungu High Court of Justice did commit culpable homicide punishable with death in that you caused the death of one JABBI BARTI by cutting down his right hand with your cutlass with the knowledge that death would be probable and not only the likely consequences of your act or any bodily injury which the act is intended to cause and thereby committed an offence punishable under Section 221 (b) of the Penal Code.”

After the plea of the accused was taken, both parties called evidence in support of their respective cases. After hearing the parties, the learned trial Judge found the accused guilty of the offence of culpable homicide punishable with

death and sentenced him accordingly.

Aggrieved, the appellant challenged the decision of the learned trial Judge on 4 grounds.

The grounds of appeal (shorn of the particulars) read as follows

“?Ground One

The Court below erred in law when it infracted on the constitutional right of the appellant to fair hearing and trial in public as enshrined under Section 36 (1), 36 (13) of the 1999 Constitution when it made use of written addresses of counsel without same being read in the open Court and this has occasioned a miscarriage of justice.

Ground Two

The Court below erred in law and prejudiced the constitutional right to fair hearing of the appellant as enshrined under Section 36 (1) of the Constitution of the Federal Republic of Nigeria 1999 when it admitted as evidence, Exhibits 1, 2, and 6 without giving the appellant the opportunity to object to same before their admission and made use of the same convicting and sentencing the appellant to death and this has occasioned a miscarriage of justice.

Ground Three