Pastor Sunday Alfa V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Kogi State High Court, sitting at Okpo, delivered on the 28th day of March 2013 in Charge No.OHC/4C/2012. The appellant was accused in the charge as follows –

“That you, Pastor Sunday Alfa, on or about the 24th day of February, 2012, at Ibalu Iyere Village, Okpo in Olamoboro Local Government Area, within the Kogi State Judicial Division, did commit culpable homicide punishable with death/ in that you caused the death of one Rose Sunday Alfa by inflicting wounds on her with a cutlass with the intention of causing her death and you thereby committed an offence punishable under section 221(a) of the Penal Code.”

The appellant was found guilty and sentenced to death by hanging.

The facts presented by the prosecution, are that the appellant, on the fateful day of 24th February 2014, left his bedroom and entered the bedroom of his wife, Rose Alfa, the deceased, at about 3:00am and thereafter, inflicted several cuts on her with the use of a cutlass. She suffered several injuries and died on the way to a hospital, where she was being conveyed to.

In the course of trial, the prosecution called three witnesses to prove its case. It also tendered twelve exhibits €“ P1- P12. In his defence, the appellant testified for himself and also called two witnesses. The conviction and sentence of the appellant to death by hanging resulted in to this appeal on three grounds of appeal.

In keeping with the Rules of this Court, the record of appeal was transmitted to this Court on the 26/8/2013. The appellant filed his brief settled by learned counsel Sir Steve Adehi, on the 3/10/13. The respondent filed its brief on the 17/2/14 but was deemed properly filed and served on the 27/1/16.

From the three grounds of appeal, Mr. Adehi for the appellant, formulated two issues for determination by this Court. They are –

(i) Whether it was right for the learned trial judge to convict the appellant of the offence of culpable homicide punishable with death despite the failure by the prosecution to prove the said offence beyond reasonable doubt as required by law.

(ii) whether the conviction and sentence of the appellant by the learned trial judge ought not to be reversed due to the court’s failure to fully consider the relevant defences available to the appellant.

For the respondent the two issues identified by R. A. Alfa, are –

(i) Whether from the totality of the evidence adduced at the trial court the prosecution has proved the case against the appellant beyond reasonable doubt as required by law.

(ii) Whether it could be said that the appellant put up any defence worthy of consideration by the trial court, I shall adopt the issues of the appellant in resolving this appeal as they have been based on the grounds of appeal.

ISSUE NO. 1