Paul Ameh V. The State (1978)

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FATAYI-WILLIAM, J.S.C.

On the 10th December, 1974, in the Lokoja High Court, the accused, now appellant, was charged with the offence of culpable homicide punishable with death. The particulars of the offence state that the accused, on or about the 12th day of February, 1974, at about 11 p.m. at Emagaba, Ogugu village in Ankpa Division in Kwara State, committed the offence of culpable homicide punishable with death in that the said Paul Ameh caused the death of one Benjamin Idoko by shooting him with a dane gun knowing that death would be the probable and not only a likely consequence of his act.

The evidence by the prosecution adduced in support of the charge may be summarised as follows. On the day in question, Benjamin Idoko, the deceased, went to his farm to set a trap and never returned. Shaidu Abdul Idoko (P.W.4) and others who later went to look for him found his dead body in the farm of the accused. Eventually, the body was carried to the General Hospital at Ankpa where a post-mortem examination was performed on the body after it had been identified to the doctor as being that of his brother by Idoko (4th P.W.). The doctor who performed the post-mortem examination certified that death was due to a gun shot wound on the left lower abdomen which caused a ruptured spleen and internal haemorrhage.

Meanwhile, the accused, after the incident, had run to one Alhasan Ameh (P.W.1) and told him what had happened. The 1st P.W., in his testimony before the court, said that the accused told him that when he arrived at his farm on the day in question, he met someone. He challenged that person who thereupon ran towards him. He, the accused, then started to run away while this man pursued him. The accused then turned to the man and shot him with his dane gun. Under cross-examination, the 1st P.W. explained further as follows:-

“I later made a statement to the police. I never told the police all that the accused told me. The accused told me that the thieves he found on his farm were many. Many people in the village must have slept when the accused came to me. It was very dark then. He carried no light. The accused told me that all the thieves were chasing him before he fired his gun. The accused further told me that one of the thieves was shouting ‘kill him, kill him’. The farm of the accused to my house is about one mile. I told the police that after I have taken my supper, I heard a gun shot from the direction of the farm of the accused. From the time I heard the gun shot to the time I saw the accused, one would have walked a distance of about 11/2 a mile. The accused told me that when he shot his gun others ran back. The accused told me that he could not say whether the man died or not because it was dark. The accused told me that he came direct to me from his farm. It is not usual in our area not to go with a cutlass when one is setting a trap because it is the cutlass we use to dig the hole for the trap.” (The underlining is ours)

Another witness, one Andrew Idoko (P.W.2), testified that his father was the village head and that since his death he now held the title. He explained that about eleven months ago, the accused came to tell him that a thief came to his farm to steal yams and that he shot the thief. Under cross-examination, this witness also testified further as follows:-

“I made a statement to the police. The accused never told me that the thieves he met on his farm were many. He told me that he heard voices saying ‘the owner of the farm has come, the owner of the farm has come’. He then fired his gun ……….. the accused told me that he was afraid and therefore did not move near the person he shot to see whether he died or not. He also told me that the deceased said he had died and that he heard the footsteps of the people moving back. The accused is a farmer and a hunter. The carried his gun to his farm………… The father of the accused and the father of the deceased had the same father. I never heard of any previous quarrel between the accused and he deceased. If the accused knew it was the deceased, he would not shoot him.” (The underlining is ours)

One Audu Abba (P.W.3), also testified that the accused came to his house early in the morning about ten months ago to tell him that he saw people stealing his yams and he fired his gun at them. This witness asked him to go and report to the village head and also at the Police Charge Office at Ankpa. He however, admitted under cross-examination that the accused never told him that the thieves were many.

When the accused arrived at the Police Station at Ankpa at about 11 p.m. on the night of the incident, he saw P. C. Ibrahim Atofolaki (P.W.7) whom he informed that he saw someone in his farm carrying his yam seedlings in a basket and that the shot he person with his gun. The 7th P.W., after collecting the gun from the accused, locked him up in the cell in the police station. Two days later, that is, about 14th February, 1974, P.W.7 and the Divisional Police Officer went to the scene of the incident where they saw the corpse of the deceased which they afterwards collected and took to the Medical officer in charge of the General Hospital at Ankpa for post-mortem examination. For some inexplicable reason it was not until about five months later (the 26th July, 1974, to be precise) that the 7th P.W. obtained a written statement under caution from the accused. Although the statement was made by the accused to him in Igala language, the 7th P.W. recorded the statement in English language. The contents of the statement (Exhibit 4), as recorded by P.W.7, read:-

“On the 12/2/74 at about 23.00 hours when I was in my farm watching the person who was stolen my yams. Before this day I have been reported to my Gago that someone was stolen my seedling yam at my farm where it was grouped. I was in the farm I saw somebody carried a basket on his head from my yam farm heading home. I strongly suspected that the person making away with my some yams. Eventually I shot the man with my dane gun, and this person mentioned my name saying I had killed him.

I was unable to recognise the voice and depart from the farm for home. I did not go to the scene of crime to know the victim. As soon as I got home I reported the incident to our village head called Agada Ojiku who instructed me to go to Ogugu Barrack to report the matter to Police. As I got to Ogugu I was told that the only constable who was there was away to Ikem village. I move forward to Okpo Police Post where I reported the incident to a number of Police there. Following my report a police constable proceed to the scene of crime. On his return from the scene I was brought to Ankpa Police Station here on a motor vehicle. I did not know who was the victim as the corpse still lying at the scene. Earlier thieves have been removing my yams dishonestly. I decided to keep night at the farm.”

When he was cross-examined as to why he did not record the written statement in the language in which it was made, the 7th P.W. replied-

“I had in the past been acting through an interpreter. I understand Igala language but cannot write it down. I have enough experience of Igala language that was why I recorded it down in English. The accused was on remand at Idah from 13/2/74 to 26/7/74. Between this period I was still acting through interpreter in Igala language. I deny the suggestion that I obtained a statement from the accused through an interpreter prior to Exhibit 4. I took Exhibit 4 from the accused at the Idah Prison Yard. The accused had earlier made a statement to Justice of Peace.” (The underlining is ours)

Presumably, because of the obvious irregularity in the taking of the above statement (Exhibit 4) by the 7th P.W., P.C. Jonathan Idakwo (P.W.8), on 6th August, 1974, obtained another written statement from the accused who was then still in custody at the prison at Idah. Indeed, this witness said that he was sent to obtain another statement from the accused because he is an Igala man while the 7th P.W. is not. This second statement was obtained from the accused in Igala language and was recorded in the same language. The contents are not much different from the first statement recorded in English by the 7th P.W.