Tukur Saleh V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Kaduna Division, delivered on the 19th March 2015 affirming the decision of the Jigawa State High Court dated 4th July 2013 convicting the appellant of the offence of culpable homicide not punishable with death and sentencing him to seven years imprisonment. The former Court will hereinafter be referred to as the lower Court and the latter as the trial Court.

The appellant was arraigned at the trial Court for knowingly causing the death of one Idi Musa by hitting him with a stick on the head being an offence under Section 221 (b) of the Penal Code Law. The prosecution called and relied on two witnesses to prove its case while the appellant gave evidence for himself with no other witness testifying in his defence. At the end of trial, including addresses of counsel, the trial judge convicted and sentenced the appellant under Section 224 of the Penal Code Law of Jigawa State for the offence of culpable homicide not punishable with death.

Aggrieved by the judgment of the trial Court, the appellant

1

appealed to the Court of Appeal on a notice dated and filed on the 30th September 2013 containing four grounds.

This is a further appeal arising from the lower Court’s judgment affirming the trial Court’s decision. Appellant’s notice of appeal filed on 17-4-2015 is at pages 106 108 of the record of appeal containing two grounds.

Parties have filed and exchanged briefs of argument and on identifying same adopted and relied on them as their arguments for and against the appeal.

At paragraph 2.0, page 7 of the appellant’s brief, the two issues on the basis of which the appeal shall be determined have been distilled thus: –

“1. Whether, in view of the entire circumstances of this case, the Court of Appeal rightly affirmed the judgment of the trial Court convicting and sentencing the appellant for culpable homicide not punishable with death. (Grounds one and two).

2. Whether in view of the provision of Section 36(6)(c) and Section 36 (6)(e) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) was a breach of the Fundamental Human Rights of the accused person.”

2

At paragraph 2.1.1, page 3 of the respondents brief two similar issues to appellant’s foregoing issues are distilled as calling for resolution in the determination of the appeal. The two issues read: –

“Whether considering the evidence adduced before the trial Court the learned Justices of the lower Court were right in affirming the judgment of the learned trial judge and upholding the conviction of the appellant.

Whether having regards to the circumstances of this case, the fundamental rights of the accused person as to fair hearing has been breached to occasion a miscarriage of justice as to warrant setting aside the judgment of the trial Court.”