Nasiru V. State (2021)

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

The Appellant, who allegedly caused the death of one “Hassan Ismail by using a cutlass and inflicted a serious cut on his thigh”, was tried, convicted and sentenced to death by the Sokoto State High Court for the offence of culpable homicide punishable with death. On appeal, however, the Court of Appeal reversed the trial Court’s decision, and reduced his sentence to 10-years imprisonment for culpable homicide NOT punishable with death, and the Appellant has now appealed to this Court with a Notice of Appeal containing two Grounds of Appeal.

He distilled two Issues for Determination from the two Grounds of Appeal in his Brief of Argument, however, the Respondent objected to the issues formulated by the Appellant from the Grounds of Appeal. It submitted that Ground 2 is an omnibus ground of appeal, which is a general ground that contends that the decision in question, is against the weight of evidence; that Issue 1 cannot arise from Ground 2, since an omnibus ground cannot give rise to an issue raising specific points of law, citing Calabar East Co-op. V. Ikot (1999) 14 NWLR (Pt. 638) 225, Henkel Chem. Ltd V. A.G. Ferrero (2003) 4 NWLR (Pt. 810) 306; and an omnibus ground cannot be used to challenge specific findings of fact or law or finding on a document, citingNdiwe V. Okocha (1992) 7 NWLR (Pt. 252) 129, Abdullahi V. Oba (1998) 6 NWLR (Pt. 554) 420, Akinlagun V. Oshoboja (2006) 5 SC (Pt. II) 100, Osolu V. Osolu (2003) 6 SC (Pt. I) 1.

It further submitted that since Ground 1 is challenging the finding of the Court of Appeal, that the Prosecution proved its case beyond reasonable doubt by circumstantial evidence, and his Issue 2 questions whether the defence of self-defence did not avail the Appellant so as to entitle him to be discharged and acquitted, there is no correlation between the said Ground 1 of the Grounds of Appeal and his Issue 2, therefore, the said Ground 1 cannot give rise to Issue 2 distilled by him. It is its contention that the two Issues formulated by the Appellant are incompetent and it, therefore, urged the Court to dismiss the appeal.

The Appellant did not file a Reply Brief, but Respondent raised a vital question – what is the Issue(s) for Determination in this appeal? It is an elementary principle that grounds of appeal arise from the ratio decidendi of the decision appealed against and the issues formulated for the determination of the appeal, arise from the grounds of appeal, which emanated from the decision appealed against — see Ibigbami & Anor V. Military Governor, Ekiti State (2004) 4 NWLR (Pt. 863) SC.

The Respondent is right that an omnibus ground of appeal is not against a specific finding of fact or any document, and cannot be used to raise any issue of law or error in law – see Akinlagun V. Oshoboja (supra) and Osolu V. Osolu (supra), wherein this Court explained that:

When a complaint is against the weight of evidence, the complaint must be against the totality of the evidence adduced at the trial Court not against any specific issue. The complaint is only concerned with the appraisal and evaluation of all the evidence; not the weight to be attached to any particular piece of evidence.

In this case, the Appellant complained as follows in the said Ground 2:

The affirmation by the Court of Appeal that the Prosecution proved its case beyond reasonable doubt is unwarranted and cannot be supported having regards to the evidence adduced at the trial.

He indicated at page 5 of his Brief of Argument that Issue 1 is “distilled from Ground 2″, of the Grounds of Appeal. The said Issue 1 questions:

Whether the lower Court was right in not entirely allowing the Appeal of the Appellant before it, having regard to the failure of the Prosecution to prove the offence against the Appellant at the trial Court upon credible and legally admissible evidence.

Obviously, the complaint in Ground 2 of the Grounds of Appeal is not against the weight to be attached to any particular piece of evidence, and the Appellant did not refer to a specific finding in the said Issue 1. The question raised by Issue 1 is related to the Appellant’s complaint, touching on weight of evidence in Ground 2 of the Grounds of Appeal, therefore, the Respondent’s objection on this point totally lacks merit.

The Respondent also objected to Issue 2 that Appellant distilled from Ground 1 of the Grounds of Appeal, wherein he complained that:

The Court of Appeal erred in law when it held that: