ESSEYIN v. THE STATE

…………………….A…………………….

PAUL ADAMU GALINJE, J.S.C. (Delivering the Leading Judgment): The Appellant herein was arraigned before the High Court of Kogi State, holden at Lokoja, on a two counts charge of rape and culpable homicide punishable with death under Sections 283 and 221 (a) of the Penal Code respectively.
In order to prove its case, the prosecution called four witnesses and tendered in evidence the following items:-
1. Pictures taken at the scene of crime
2. Negatives of the Pictures
3. Coroner Form including medical report
4. Cautionary statement of the Appellant
These items were admitted in evidence and marked Exhibits A,B,C and D respectively.
At the end of the trial and in a reserved and considered judgment delivered on the 19th December, 2013; the appellant was acquitted and discharged from the first count of rape, but was found guilty in respect of the second count of culpable homicide punishable with death under Section 221(a) of the Penal Code and he was accordingly convicted and sentenced to death by hanging. Appellant’s appeal against the conviction and sentence to the Court of Appeal was dismissed on the 24th of April, 2015. The instant appeal is against the decision of the Court of Appeal, Abuja Division.
The Appellant’s notice of appeal at pages 99 to 108 of the record of this appeal dated 21st May, 2015 and filed on the 22nd May, 2015; contains five grounds of appeal.
Parties filed and exchanged briefs of argument. Mr. J. O Adele, learned counsel for the Appellant formulated five issues for determination of this appeal as follows:-
a. Whether the learned Justices of the Court of Appeal Abuja were legally right when they upheld the findings of the trial High Court of justice, Kabba, Kogi State that the ingredients of the charge/offence of culpable homicide punishable with death was proved by the respondent against the Appellant even when the Respondent did not establish the ingredients of the charge or offence of culpable homicide punishable with death under Section 221 (1) (a) of the Penal Code as required by law.
b. Whether the learned Justices of the Court of Appeal Abuja were legally right when they upheld the finding of the trial High Court of Justice, Kabba, Kogi State which found the Appellant guilty of the charge of Culpable Homicide punishable with death because the Appellant did not give evidence for his defence but rather rested his case on the evidence of the Prosecution/Respondent.
c. Whether the learned Justices of the Court of Appeal Abuja were legally right when they upheld the findings of the trial High Court of Justice, Kabba, Kogi State that the prosecution/Respondent had by circumstantial evidence proved the case of Culpable Homicide punishable with death against the Appellant.
d. Whether the learned Justices of the Court of Appeal Abuja were right when they upheld the findings of the trial High Court of Justice, Kabba, Kogi State which relied upon Exhibit D (the alleged confessional statement) of the Appellant to convict and sentence the Appellant for the charge of culpable homicide punishable with death after a discharge acquittal of the Appellant for the charge of rape even when the content of the said Exhibit D is a mere narration of the incident which culminated to the charge of Rape and Culpable homicide punishable with death.
e. Whether the learned Justices of the Court of Appeal, Abuja were legally right when they relied on the doctrine of “Last seen” to hold that the deceased was last seen with the Appellant for which the Appellant was actually the one responsible for the death of the deceased.
Mr. A. O. Suleiman, Deputy Director in the Ministry of Justice, Kogi State, settled the Respondent’s brief of argument. Learned counsel formulated three issues for determination of this appeal, and they read as follows:-
1. Whether the Appellant has proved his case beyond reasonable doubt to warrant this honourable Court to discharge and acquit the Appellant from the conviction and sentence of the Appellant to death by hanging meted to the Appellant by the High Court of Justice, Kabba, Kogi State which said conviction and sentence to death by hanging was upheld by the Court of Appeal, Abuja.
2. Whether the Court of Appeal, Abuja was legally right to have upheld the respondent establishment of circumstantial evidence by upholding the final verdict/judgment of the trial Court, Kabba, Kogi State.
3. Whether the Court of Appeal, Abuja was legally right when it upheld the final decision of the trial High Court, Kabba, Kogi State that the Respondent had established all the ingredients of the charge of culpable homicide punishable with death as required by Law.