Sebo Bello V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI, J.C.A (Delivering the Leading Judgment)

At the Kwara State High Court, holden at Ilorin, Coram I. B. Garba (J) the appellant herein (as an accused person) was charged with the offence of culpable homicide punishable with death contrary to Section 221 of the Penal Code on the 28th day of July, 2010. The charge against him reads thus:

“That you SEBO BELLO on or about the 24th day of December, 2006 at Bweru Fulani Camp via Yashikiri within the jurisdiction of this court committed culpable homicide punishable with death in causing the death of one Juliya Bio by cutting her on the neck with a cutlass and thereby committed an offence punishable under Section 221 of the penal Code.”

The case for the prosecution as can be gleaned from the record of proceedings was that on or about the 24th day of December 2006 at Bweru Fulani Camp, the appellant caused the death of the deceased, his wife by cutting her neck at about 2.00am.

On that fateful day, the appellant was said to have visited his wife, the deceased, who was then staying in her parents, house after child’s birth in accordance with the Fulfiled Culture and tradition. The cry of the deceased’s baby alerted the father of the deceased who went to the hut where the deceased was allegedly sleeping with the appellant around 2.00am only to find the deceased in a pool of her blood. The appellant was nowhere to be found. He was later arrested and arraigned before the court for trial.

On the 27th October, 2008 when the charge was read and explained to the appellant, he pleaded not guilty and the case proceeded to hearing. The appellant was found guilty and convicted of the offence of culpable homicide as charged. The learned trial judge held inter alia thus:

“In view of the above findings, I could not but agree with the prosecution that the charge of culpable homicide punishable with death is proved against the accused. He is therefore convicted as charged having found him guilty of the offence.”

The learned trial judge then sentenced the appellant to death by hanging until he is pronounced dead. That was on the same day he was convicted i.e. 28/07/2010.

Dissatisfied with the decision of the lower court, the appellant approached this court and expressed so by filing a notice of appeal which carries four grounds of appeal and sought for the following reliefs:

(a) That the appeal be allowed.

(b) That the conviction and sentence be quashed:

Learned counsel for the appellant, in a brief settled by Olalekan Yusuf Esq. distilled from the four grounds, two issues for determination to wit:

“1. Whether the conviction of the appellant can be supported having regard to the totality of evidence before the trial court. (Related to Grounds 1 & 3).

2. Whether there was a causal connection between the acts of the appellant and the acts leading to the death of the deceased. (Related to Grounds 2 & 4).”

For his part, learned counsel for the respondent did not formulate any issue for determination but adopted the two issues distilled for determination by the appellant’s counsel.