Yohanna Danjuma V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Kaduna Division dated 26th February, 2016 dismissing the appeal of the Appellant and confirming the conviction and sentence of the Appellant for offence culpable homicide not punishable with death. Being dissatisfied with the decision of the lower Court, the Appellant brought this appeal vide a Notice of Appeal containing four grounds, dated 3rd March, 2016

SUMMARY OF FACTS:

The Appellant who was the second accused person at the trial Court was arraigned before the High Court of Kaduna State for criminal offences of conspiracy, punishable under Section 97 of the Penal Code Law of Kaduna State and culpable homicide punishable under Section 221 of the Penal Code Laws of Kaduna State. The Appellant and the co-Accused pleaded not guilty. In the course of the trial, the prosecution called 5 witnesses who testified on its behalf and tendered several documents in evidence among which is the confessional statement of the Appellant.

In defense, the Appellant testified in person and called no

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other witness. After the close of proceedings, Counsel to both parties addressed the Court. The trial Court found the Prosecution had proved its case beyond reasonable doubt and the Appellant was convicted for the offences of conspiracy and culpable homicide not punishable with death pursuant to Section 222(7) of the Penal Code and sentenced to one (1) year imprisonment for count number one dealing with criminal conspiracy and five (5) years imprisonment for the offence of culpable homicide not punishable with death, both sentences to run concurrently.

The Appellant being dissatisfied with the said judgment of the trial Court filed an appeal at the registry of the Court of Appeal, Kaduna. However, on 26th February 2016, the Court of Appeal, Kaduna Division delivered its judgment and dismissed the appeal while affirming the judgment of the trial Court. Still being dissatisfied with the judgment of the Court below the Appellant filed this appeal seeking to upturn the decision of the Court below.

ISSUES FOR DETERMINATION:

The Appellant filed his Brief of Argument dated 20th October, 2016 and formulated two issues for determination before this

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Court. The issues formulated by the Appellant as contained at page 3 of the Appellant’s brief are:

“1) Whether the prosecution was able to prove the essential elements of the offence of conspiracy in this case for which the appellant was convicted and which conviction was affirmed by the Court below (Grounds 1 and 2)

2) Whether the affirmation of the Court below of the conviction and sentence of the appellant under Section 222 (7) of the Penal Code Laws of Kaduna State is justified putting into consideration all the circumstances in this case (Grounds 3 and 4)”