Gidado Adamu V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. 

This appeal is against the decision of the Court of Appeal, Yola Division, delivered on 22/3/2016, which affirmed the judgment of the High Court of Taraba State, Jalingo Judicial Division, delivered on 20/5/2014 convicting the appellant of the offence of culpable homicide punishable with death under Section 221(b) of the Penal Code and sentencing him to death.

The appellant was alleged to have stabbed one Shuaibu Ahmed on the ribs with a knife on 30th September, 2011 at about 7pm at Namnai Village in Gassol Local Government Area within Jalingo Judicial Division, which act resulted in his death. The appellant pleaded not guilty to the charge. The prosecution called one witness, Sgt. Danjuma Manga, one of the Investigating police officers. The extra Judicial statement of the appellant was tendered through him and marked Exhibit GA1. The appellant testified on his own behalf and called no other witness.

As stated above, at the conclusion of the trial the appellant was found guilty as charged and sentenced to death. The learned trial Judge relied

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heavily on the appellant’s statement in reaching the guilty verdict. He considered and rejected the defence of provocation allegedly raised in the said statement.

His appeal to the lower Court was unsuccessful, hence the further appeal to this Court. At the hearing of the appeal on 6/12/18, L.O. Fagbemi Esq., adopted and relied on the appellant’s brief, which was deemed filed on 21/6/18 and his reply brief also deemed filed on 21/6/18 in urging the Court to allow the appeal. Y.N. Akirikwen Esq., Hon. Attorney General for Taraba State adopted and relied on the respondent’s brief deemed filed on 21/6/18 in urging the Court to dismiss the appeal.

Learned counsel for the appellant formulated three issues for determination as follows:

1. Whether having regard to the facts and circumstances of the case, the Court of Appeal was right in affirming the trial Court’s judgment admitting and relying on the extra judicial confessional statement of the Appellant (Exhibit GA1) in the absence of an Hausa Language version of Exhibit GA and without the interpreter and recorder of Exhibit GA1 being called as a witness. (Ground 1)

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Whether the respondent proved the case of culpable homicide against the appellant beyond reasonable doubt, as required by law to justify the conviction and sentence of the Appellant to death by hanging, considering the totality of the evidence at the trial (Grounds 2 and 3).

3. Whether the defence of alibi validly raised by the appellant does not avail him in the circumstances of this appeal (Ground 4).Learned counsel for the respondent identified two issues for determination thus:

a. Whether Exhibit GA1 qualifies as a confessional statement and if so, whether the Court below rightly relied on same in affirming the conviction and sentence of the appellant by the trial Court (Grounds 1, 2 and 3)

b. Whether the defence of alibi avails the appellant, regard being had to the evidence led during trial

I shall adopt the issues formulated by the appellant for the resolution of the appeal.Issue 1

In support of this issue, learned counsel for the appellant submitted that it is not in doubt, as can be gleaned from the printed record, that the appellant is illiterate and can neither read nor write in English Language. That the record shows that the only