Musa Hamza V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment)

At the Katsina State High Court of justice in charge No. KTH/32C/2012 dated 29th October, 2012, the Appellant as the accused person was charged on a one count charge of the offence of Culpable Homicide punishable under Section 221 of the Penal Code, in that the Appellant on or about the 19th day of April, 2012 at Abukur Village, Rimi Local Government Area of Katsina State, hit one Suleiman Abubakar with a hoe blade on his stomach which resulted to his death. With the knowledge that death would be the probable consequence of this act.

?The brief facts of the case are that the deceased Suleiman Abubakar was on the fateful night of 19/4/2014 at about 8:00 PM in the company of his friend one Abubakar Umar, on their way to Mandiri behind Abukur township mosque, when chased and attacked by someone whom both the deceased and Abubakar Umar (PW2) identified to be the Appellant. The deceased was struck and injured with an iron rod, on his stomach, developed pains and fell ill. He was subsequently taken to Abukur dispensary for medication from where he was referred to Federal Medical Centre Katsina where his

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chest and stomach were x-rayed. He was referred to General Hospital Katsina whereat he was operated upon, but the stomach pains persisted and he subsequently died. The Appellant was arrested and arraigned on a charge of Culpable Homicide punishable under Section 221 of the Penal Code.

At the trial of the case, the Appellant pleaded not guilty to the charge. The Respondent as the prosecution, called 3 witnesses and tendered 2 Exhibits, Exhibits A and A1, the Appellant’s statements to the Police which were so admitted after a Trial within trial. The medical and post mortem reports tendered were rejected and accordingly so marked.

In denying the allegation, the Appellant testified for himself and called one other witness but tendered no Exhibit. After the close of the defence and adoption of written addresses, the trial Judge in a considered Judgment delivered on 31st March, 2014 found the Appellant guilty as charged, convicted and sentenced him to death by hanging.

Aggrieved with the said Judgment, the Appellant commenced this appeal vide a notice of appeal on 21/5/2014 dated 20/5/2014 predicated upon 2 grounds.

?In compliance with the Rules

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of this Court, both Counsel filed and exchanged their briefs of argument. The Appellant’s brief of argument dated 1/12/2014 and filed on 25/2/2015 was settled by N. O. Ishola Esq., wherein 2 issues were distilled for determination to wit:-

“(1) Whether the learned trial Judge was right by admitting and acting on the said confessional statement in convicting the Appellant.

(2) Whether the evidence before the lower Court is sufficient enough to warrant the conviction of the Appellant.”

The Respondent?s brief of argument dated 4/5/2015 and filed on 05/05/2015 but deemed properly filed on 6/7/2015, was settled by Hassan Yusuf Esq., wherein the Respondent adopted the issues formulated by the Appellant.