Alpha Paul V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALUMJE, J.S.C.

The Appellant herein was on the 21st of January, 2011, arraigned before the Taraba State High Court, on a one count charge of culpable homicide punishable with death under Section 221(a) of the Penal Code.

Appellant pleaded not guilty to the charge. In order to prove its case, the prosecution called five witnesses and tendered various items including a medical report which was tendered from the bar. These items were admitted in evidence. Parties addressed the Court through their respective Counsel. In a reserved and considered judgment delivered on the 27th April, 2012, Ali I. Andenyangtso J., found the Appellant guilty as charged and sentenced him to death by hanging till he be dead.

The Appellant felt aggrieved and therefore filed an appeal at the Court of appeal Yola Division. His appeal was heard and in a unanimous decision of the lower Court, (Coram Bada, Sankey and Jauro JJCA) delivered on the 19th December, 2013, his appeal was dismissed. The instant appeal is against the decision of the lower Court. The Appellant’s notice of appeal at pages

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199-206 of the record of this appeal, filed on the 11th March 2014 contains eight grounds of appeal.

Parties filed and exchanged briefs of argument. Mr. F.K. Idepefo, Learned Counsel for the Appellant submitted two issues for determination of this appeal as follows: –

1. Whether the Honourable Justices of the Court of Appeal were right to rely on Exhibit “AP2” to fix the cause of death of the deceased person and consequently held the Appellant responsible for the death of the deceased person
2. Whether the Honourable Justices of the Court of Appeal were right when they held that Exhibit “AP1” the extra-judicial statement of the Appellant amounted to an admission by the Appellant that he committed the offence of culpable homicide for which he was charged and consequently resolved all the doubt arising from the evidence against the Appellant

Mr. Y. N. Akirikwen, Learned Attorney-General, Taraba State, the author of the Respondent’s brief of argument also distilled two issues for determination of this appeal. They read thus:-

1. Whether the Honourable Justices of the Court of Appeal were right in holding that Exhibit “AP1” is a

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confessional statement.

2. Whether the Honourable Justices of the Court of Appeal were right in relying on Exhibit “AP2” to attribute the cause of death of the deceased to the act of the Appellant

Before I consider the argument of Learned Counsel in support of the issues they have formulated, I find it imperative to set out the brief fact of this case, which is simple and straight forward. On the 15th of August, 2010 at about 1.00 pm the Appellant who was living at Bariyanga village, via Gunduma, Gassol local Government Area of Taraba State with his wife, Rahab Alfa Paul, before this incidence, left their home and went to a television viewing center to watch football.

The wife also left home and went to where she sold locally brewed alcohol popularly called “burukutu.” The Appellant returned home late in the night and found that the door leading to their bedroom was locked from inside. Knowing that his wife was inside, he called severally and knocked at the door for his wife to open the door, there was no answer. He now kicked open the door with his foot and entered the room. A quarrel ensued between him and his wife. This quarrel degenerated

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into a fight. One Mr. Danladi Yayeh an uncle to the Appellant, heard about the fight and came to the Appellant’s house at about midnight on the same 15th August, 2010 with his two wives and when he entered into the Appellant’s room, he found him fanning his wife who was already unconscious. Danladi Yayeh who testified as PW1 at the trial Court went to town and secured a vehicle for the sole purpose of conveying the Appellant’s wife to the hospital.He reported the incidence to the police and was given a policeman who came with him to the Appellant’s house. When they got to the house he met a crowd and heard from some members of the crowd, saying that Rahab had died. It was at this instance that some of Rahab’s relations who were among the crowd pounced on him and started to beat him. He returned to the police station and told the officer in charge that Rahab had died. The police officer now used the vehicle that was procured by PW1 and conveyed the corpse of Rahab to the Referral Hospital in Mutum Biyu.