Rulwanu Mal Hassan v. The State (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

STEPHEN JONAH ADAH, JSC (Delivering the leading judgment)

This appeal is against the decision of the Court of Appeal, Kaduna Judicial Division in appeal No: CA/K/275C/2017, delivered on the 22nd June, 2018.

In its ruling, the lower court dismissed the appellant’s appeal and upheld the judgment of the High Court of Jigawa State, sitting at Dutse, in charge No: JDU/16C/2014, delivered on 22nd April, 2015.

The High Court had convicted the appellant and sentenced him to death for the offence of culpable homicide punishable by death. At the trial court, the appellant was the accused while the respondent was the complainant.

The material facts of the case that led to this appeal are briefly rendered thus:

On the 9th day of December, 2013, at about 3:00pm, in Samaniyya Village in Birnin Kudu Local Government Area of Jigawa State, the appellant stabbed one Suwaiba Sagir with a matchet which inflicted serious injuries on her.

The victim was taken to a hospital in Birnin Kudu which refused to admit her. She was thereafter rushed to Rasheed Shokoni Specialist Hospital which admitted her but she later died.

The Police arrested the appellant in the premises where the incident took place, in an unused well.

The matter was duly investigated, after which the respondent applied to the trial court for leave to prefer a charge against the appellant pursuant to section 185(b) of the Criminal Procedure Code, Cap. C19, Laws of Jigawa State, 2012.

The trial court granted the leave. Thereafter, the appellant was arraigned before the trial court on one-count information for the offence of culpable homicide punishable with death contrary to Section 221(b) of the Penal Code, Cap P3, Laws of Jigawa State, 2012.

The appellant on arraignment, pleaded not guilty. The trial court gave a full-scale determination of the case. In proof of the case, the respondent called five (5) witnesses, PW1 – PW5, and tendered five (5) exhibits. In defence of the case, the appellant testified in person, as DW1, and called another witness (DW2). Two documents i.e. exhibits D1 and D2 were tendered by the defence.

At the close of the evidence, the parties addressed the trial court as required by law. In the judgment delivered on the 22nd April, 2015, the trial court found the appellant guilty, convicted him and sentenced him to death for the offence.

The appellant being dissatisfied with the judgment of the trial court, appealed via a 4-ground notice of appeal on the 6th day of March, 2017, to the lower court. The appeal was duly heard by the lower court, and in a judgment, delivered on the 22nd June, 2018, the lower court dismissed the appeal and affirmed the judgment of the trial court. (See pages 136 – 158 of the record).

The appellant was still dissatisfied with the decision of the lower court and has further appealed to this court via the notice of appeal filed on the 20th July, 2018. This notice was later amended with the 5-ground amended notice of appeal, which was filed on the 18th October, 2023, but deemed properly filed and served on the 14th December, 2023. The appellant’s relief in the instant appeal is for: