Shuaibu Fulani Abdu V. The State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Jigawa State High Court of Justice delivered on 29th March, 2012 by Nana Aisha Abdullahi J.

The brief facts of the case are as follows;-

The Appellant was charged with the offences of culpable homicide punishable under Section 221 (b) of the Penal Code CAP 107 Laws of Jigawa State, Laws of Jigawa State 1998.

The accused person was alleged to have caused the death of one SALE KURMA by stabbing him with matchet on his head and hand. The deceased died as a result of injuries he sustained. The offence was alleged to have been committed at Farin Duste village in Gwaram Local Government Area of Jigawa State on or about the 16th day of March 2010.

The prosecution called three (3) witnesses to establish its case against the accused person.

The Defendant gave evidence in person and did not call any other witness in his defence.

At the end of the trial, the learned trial judge found the accused person guilty as charged and sentenced him to death. Peeved by this decision of the trial Court, the convict appealed to this Court

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pursuant to his Notice of Appeal dated 8th November, 2013 containing nineteen (19) grounds of appeal.

In accordance with the Rules of this Court the parties filed and exchanged their briefs of argument in this appeal.

In the Appellant’s brief of argument prepared by Nassir Abdu Dangiri Esq a lone issue is distilled for the determination of this appeal from the nineteen grounds of appeal raised in his notice of appeal. The issue reads as follows:-

“Whether from the facts and circumstances of this case the prosecution has proved its case beyond reasonable doubt against the Appellant”

The Respondent in its brief prepared by M.A Lamin Esq distilled two issues from the Appellant’s grounds of appeal No. 17 and 13. The issues are adumbrated as follows;