Buba V. The State (1994)

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BELGORE, J.S.C. 

The appellant was the husband of the deceased. The appellant, who lived at Jos, plateau State, had been separated from the deceased since 1978. The deceased, Lucy Agbange, left with the two children of the marriage and finally settled at Katsina-Ala, Benue State. Several efforts at reconciliation failed and what seemed to be a further attempt turned sour.

On 14th July 1983, the appellant, in what seemed to be a final desperate move, decided to visit the deceased in company of a policeman from Jos-Inspector Idris Umaru (P.W.8) and one Joseph Abdul (P.W.2). They got to Katsina-Ala on 15th July, 1983 and at a house saw a man the appellant suspected to be living with his estranged wife. In the night the appellant and his party of policemen were at the Police Station, Katsina-Ala, the deceased who was a nurse at a local hospital was there with them. The grouse of the appellant, it seemed at that point, was about his two children that the deceased took away with her on separation.

A lot of argument followed at the police station whereby the appellant threatened or challenged to a duel one Sgt. Dennis Iyokever, P.W.1, who was then on duty. The appellant thereat drew out his dagger (knife) from its scabbard and kept it in the pocket of his jacket. However, the deceased agreed to release the children provided they discussed first with her parents at Mkar, Gboko. They first went back to the deceased’s residence and as she got off her taxi, the appellant rushed at her and pursued and stabbed her. P.W.2, P.W.6 and P.W.8 rushed to the scene and saw her in a pool of blood on the appellant’s laps. She died before she could receive any medical attention. The appellant gave no evidence at the trial court but made a pre-trial voluntary statement to the police that the deceased accidentally fell on the knife. The trial court, on the whole evidence before it, found the appellant guilty of culpable homicide punishable with death under s.221 of Penal Code and sentenced him to death. The Court of Appeal dismissed his appeal and upheld the conviction and sentence of the trial court.

In the appeal to this court the following issues for determination were canvassed in respect of the grounds of appeal.

ISSUES FOR DETERMINATION

1. Whether the Court of Appeal entered into the realm of speculations in sustaining the conviction of the appellant for the offence of culpable homicide by the trial court.
2. Whether there were fundamental contradictions in the evidence of the prosecution witnesses that vitiated the conviction of the appellant for the offence of culpable homicide.
3. Whether there were irresistible circumstantial evidence to sustain the offence of culpable homicide found against the appellant.
4. Whether the failure of the prosecution to call one Ukeji, the taxi driver, who was present at the scene ‘of crime was fatal to the prosecution’s case.
5. Whether in the circumstances of this case, Exhibit 4, the extra judicial statement of appellant was a confessional statement or an exculpating defence for the offence of culpable homicide for which he was charged, convicted and sentenced by the court.
6. Whether the defence of accident was available to the appellant in the circumstances of this case.”

As against these issues the respondent raised the following issues for determination:

“ISSUES FOR DETERMINATION:

It is respectfully submitted that the issues that fall for determination are as follows:

3.1 Whether the prosecution proved the case against the appellant beyond reasonable doubt as required by law.

3.2 Whether Exhibit 4, the extra-judicial statement of the appellant made to the police was a confessional one upon which alone, the appellant could be convicted.

3.3 Whether the Court of Appeal and the trial high Court were right in holding that the defence of accident did not avail the appellant.”

The appellant made a voluntary statement and his stand in that statement was that the deceased fell on him while pursuing her, and that dagger, unsheathed in his breast pocket, injured the deceased and that this led to her death. By the evidence before the court, there is clearly shown that the deceased died of a stab wound from a sharp object that penetrated deeply into her thorasic cavity on the left, whereby the left ventricle was punctured, resulting in colossal haemorrhage into her body.

Was this an accident or a deliberate act There was evidence of how the appellant pursued his wife in a clearly aggressive manner; there was evidence of a struggle between the appellant and the deceased, and there was evidence of an unsheathed dagger that the appellant had earlier threatened to use against a police officer. All these were reviewed by the trial Judge, who believed the appellant actually stabbed the deceased and that the injury leading to her death was not accidental. The Court of Appeal never interfered with these findings of fact by the trial court and from the statement made voluntarily under caution the appellant told the police inter alia as follows: