Junaidu V. State (2021)

LAWGLOBAL HUB Lead Judgment Report

HELEN MORONKEJI OGUNWUMIJU, J.S.C. 

This is an appeal against the decision of the Court of appeal (lower Court) sitting in the Kaduna Division of the Court of appeal (Coram: Isaiah O. Akeju, H.A.O. Abiru and O. A. Adefope-Okojie, JJCA.,) delivered on the 4th December, 2015 affirming the conviction and sentence of the Respondent passed by the High Court of Justice, Katsina State presided over by Hon. Justice Sanusi Tukur delivered on the 30th May, 2014 in suit No. KTH/8C/2012.

The facts that led to this appeal are as follows:

The Appellant was charged vide an amended CHARGE NO: KTH/8C/2012 dated 9th April, 2014. The Appellant was accused of causing the death of his wife Rukayya Zaharaddeen by hitting her on the chest with an axe with the knowledge that death would be the probable consequences of his act. He was charged with committing the offence under Section 221 of the Penal Code Law, Cap. 96, Laws of Katsina State, 1991.

The trial commenced before Hon. Justice Sanusi Tukur. The plea of the Appellant was taken and the Appellant pleaded Not Guilty to the Charge.

​In the course of the trial, the

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Prosecution called four (4) witnesses and tendered three (3) Exhibits which were all admitted in evidence. The Exhibits were Exhs. 1(An Axe), 2A and 2B- Appellant’s Hausa Statement and its English translated version recorded by PW 4 at Katsina State CID).

The Appellant on the other hand, testified for himself and did not call any other witness. No Exhibit was tendered by the Appellant in the course of the trial. At the end of the trial, the trial Court found the Respondent guilty, convicted him as charged and sentenced him to death accordingly on the 30th of May, 2014.

Dissatisfied with the judgment of the trial Court, the Appellant had appealed to the lower Court which affirmed the decision of trial Court. The Appellant being dissatisfied with the decision of the lower Court has now appealed to this Court. In the Appellant’s brief filed on 30/8/2016 settled by Esene Emmanuel Esq., the Appellant identified two issues for determination as follows:

1. Whether from the facts and circumstances of this case, the prosecution has proved its case beyond reasonable doubt against the Appellant. (distilled from grounds 1, 3 and 4).
2. Whether

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the respondent’s failure to present P.W.4 for cross-examination did not amount to lack of fair hearing and thereby nullifying the conviction (distilled from ground 2).

The Respondent’s counsel, Mr. Abu Umar, Esq., adopted the issues settled for determination by the Appellant which I will also consider in the determination of this appeal.

ISSUE ONE