The State Vs Babangida John (2013)

LAWGLOBAL HUB Lead Judgment Report

BODE RHODES-VIVOUR, J.S.C. 

This is an appeal from the judgment of the Court of Appeal, Ilorin Division delivered on the 18th day of July, 2011. That court set aside the conviction and sentence of 14 years imprisonment with hard labour passed on the appellant by Saleeman J. of an Ilorin High Court and entered judgment acquitting and discharging the appellant.

The facts are these:

On the 18th day of June, 2007 the deceased, Memunatu Rasaki was on her way to her husband’s farm in Moro Local Government Area of Kwara State. She had a baby on her back and her young son was by her side. Suddenly the appellant approached her and repeatedly attacked her with a matchet. She had several cuts on her body and lost a lot of blood. Before the attack she gave the baby to her young son who ran off with his baby sister to the village. She died on the spot from a catalogue of appalling injuries. After the bloody massacre the appellant ran off and hid in the bush. He was later arrested in his house. On these facts the appellant was charged for the offence of culpable homicide punishable with death contrary to Section 221 of the Penal Code.

At trial, the state called three witnesses. The following were tendered and admitted as exhibits.

1. P1- Cutlass
2. P2-P5 (3 pictures of dead woman)
3. P6 – P7 (Medical Report, postmortem examination).
4. P8 – Confessional statement of acc / respondent.)

The appellant gave evidence in his defence but called no witness.

In a well considered judgment the learned trial judge in the concluding paragraph said:

“The prosecution has established the ingredients necessary in this homicide case. It has thus proved the case beyond reasonable doubt as required by Section 308 of the Evidence Act…. From the totality of evidence before the court, the accused person is found guilty of the offence of culpable homicide punishable with death. He is convicted of the offence of culpable homicide punishable with death contrary to Section 221 of the Penal Code.”

The respondent was not satisfied with the sentence passed on him. He lodged an appeal. It was heard by the Court of Appeal Ilorin Division.

In the penultimate paragraph the Court of Appeal said:

“In view of the above, I hereby over-rule the decision of the lower court and set aside, by that means the conviction and sentence as found in the judgment of the trial court dated 1st day of June 2010 as reflected on page 84 of the proceedings or conviction and sentence of 14 years imprisonment as argued by the respondent counsel in this appeal. The appellant is hereby discharged and acquitted.”

And in the final paragraph. The Court of Appeal directed as follows:

“Further the Nigerian Prison Authority is hereby directed to take him to a Government Psychiatrist Hospital for check-up and treatment before his final release.”

This appeal is against that judgment. Briefs of argument were filed and exchanged. The appellant’s brief was deemed filed on the 21st day of February 2013 while the respondent’s brief was also deemed filed on the 21st day of February 2013.