Usman Maigari V. The State (2013)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal from the Court of Appeal, Sokoto Judicial Division, coram: M. D. Muhammed, A. O. Belgore, M. A. Oredola J.C.A. The appellant was arraigned before the Sokoto State High Court holden at Sokoto presided over by Abbas Bello J. on a one count charge of culpable homicide punishable with death contrary to Section 221(b) of the Penal Code. On the 22nd February 2006, leave was granted to the respondent to amend the charge. The appellant pleaded not guilty to the charge and at the trial the respondent called seven witnesses and tendered several exhibits. The appellant testified in his own defence and did not call any other witness.

Counsel on both sides addressed the court and in a considered judgment the trial court per Hon. Justice Bello Abbas convicted the appellant and sentenced him to death by hanging.

Dissatisfied with the judgment the appellant appealed to the Court of Appeal which court upheld the conviction and sentence. Again not satisfied the appellant has approached the Supreme Court by Notice of Appeal dated 13th May, 2010.

FACTS:

The facts giving rise to this appeal are that on or about the 11th day of January, 1999 at his house in Yabo, Yabo Local Government Area of Sokoto State, the appellant was suspected of committing culpable homicide punishable with death of causing the death of his wife, Sa’adatu by strangulating her to death for ritual reasons then conveyed her corpse and dumped it in a culvert near Janzomo village along Kajiji- Shagari road.

On the 13th day of July 2000, the appellant was arraigned before the Sokoto State High Court on a charge of the offence of culpable homicide punishable with death under Section 221(b) of the Penal Code. The charge was later amended by leave of court to Section 221 (a) of the Penal Code and the matter finally got to this court.

At the hearing of this appeal on the 11th day of April, 2013, learned counsel for the appellant, Tajuddeen O. Oladoja Esq. adopted the Brief of argument of the appellant settled by him and filed on 14th September 2011 and deemed filed on 20/3/12. In the brief was raised a single question, viz:

Whether the learned Justices of the Court of Appeal were right in holding that the prosecution proved its case beyond reasonable doubt.

For the respondent, Nuhu Adamu Esq, Attorney General of Sokoto State adopted their brief of argument he settled and filed on 9th April, 2013 and which brief was deemed filed on the 11th April, 2013. He formulated two issues for determination as follows:

1. Whether the two lower courts were right in holding that the charge of culpable homicide under Section 221(b) of the Penal Code against the appellant had been proved beyond reasonable doubt by the respondent. (Ground one of the Notice of Appeal)
2. Whether the Court of Appeal had not considered the appellant’s submissions before it in reaching its decision affirming the conviction and sentence of the appellant by the trial court (Ground two) The sole issue as crafted by the appellant encapsulates the two issues couched by the respondent and so answering the issue of the appellant settles the questions raised by the respondent and so it is best to utilise the issue as distilled by the appellant.

SOLE ISSUE

Whether the learned Justices of the Court of Appeal were right in holding that the prosecution proved its case beyond reasonable doubt.

Canvassing their position, learned counsel for the appellant, Mr. Oladoja referred to the conditions upon which a conviction can be secured on a charge of murder which ingredients must co-exist. He cited Ochemeie v State (2008) SCNJ 143; Maivaki v. State (2008) 15 NWLR (Pt. 1999) 6 NWLR (Pt. 198) 433, Ogba v State (1992) NWLR (Pt. 222) 164 etc.

He stated that in the case at hand that the sum total of evidence led by the prosecution merely showed that the accused probably committed the offence and so the standard of proof was not attained to justify his conviction. He referred to Section 19 of the Penal Code, for the definition of “Likely’ and “Probable”.