Wadata Isah V. The State (2017)

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SIDI DAUDA BAGE, J.S.C.

This is an appeal against the decision of the Court of Appeal, Sokoto Division delivered on 17th May 2011, wherein the lower Court unanimously affirmed the judgement of the trial Court convicting the Appellant of the offence of culpable homicide punishable with death under Section 221 of the Penal Code.

SUMMARY OF FACTS:

On 29th October, 2008, the Appellant stabbed one Hamidu Mohammed a Police Constable with a knife at the back of his neck which resulted in the death of his victim. He was arrested, investigated, charged to Court, tried and convicted for the offence of culpable homicide punishable with death contrary to Section 221 of the Penal Code.

On 22nd May, 2010 the Appellant was found guilty of the offence for which he was charged and was consequently convicted and sentenced to death by hanging. The judgement of the trial Court is laid-out on pages 45 to 70 of the Record of Appeal. Dissatisfied with his conviction, the Appellant appealed to the Court of Appeal Sokoto Division through a Notice of Appeal dated 31st March 2010. The appeal was heard and on 11th July

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2012, the Court below delivered its judgement and unanimously dismissed the appeal while affirming the conviction and death sentence of the Trial Court. The decision of the Court below is contained in pages 100 to 116 of the Record of Appeal.

ISSUES FOR DETERMINATION:

Both the Appellant and Respondent formulated one issue for determination at page 4, their respective Amended Appellant’s Brief and Amended Respondent brief both dated 5th January, 2017. To this extent, I have also formulated one issue for determination in this appeal:

“Whether the Court of Appeal was right to have upheld the conviction and sentence of the Appellant for culpable homicide under Section 221 of the Penal Code.”

CONSIDERATION AND RESOLUTION OF THE ISSUE:

The contention of the learned Counsel to the Appellant is based on the standard of proof required in criminal cases. Counsel submitted that the Appellant was not under any obligation to prove his innocence due to the presumption of innocence he enjoys under Section 36(5) of the Constitution of the Federal Republic of Nigeria. Counsel referred to the case of NWANGWA Vs THE STATE (1997) 8 NWLR (Pt.517) 457 at

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page 463, paras. F-G and ABOKOKUYANRO VS STATE (2016) LPELR-40107 (SC).