Judgment
BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Federal Niger State, Kontagora, Division, Coram: A. Abdullahi Mika’ilu J, in Charge No. NSHC/KG/5C/2016: The State V. Muhammadu Lawal delivered on 23/11/2018, in which the Appellant was convicted of culpable homicide punishable with death contrary to Section 221 of the Penal Code and sentenced to death. On 15/6/2020, the Appellant obtained the leave of this Court to file the Notice of Appeal which Notice of Appeal was filed on 8/6/200 on three grounds of appeal.
See pages 92 – 97 of the Record of Appeal. The Record of Appeal was compiled and transmitted to this Court on 10/7/2020. Subsequently, an Amended Notice of Appeal on four grounds was filed 5/2/2021 with the leave of this Court but was deemed as properly filed on 19/1/2021. The parties filed and exchange their briefs, which were duly adopted as their arguments at the hearing of this appeal on 26/9/2022. The Appellant was represented by B. O. Akinseye – George Esq., appearing with J. R. Olusola Esq. The Respondent was represented by M. S. Abdulaziz Esq.
Principal State Counsel, Ministry of Justice, Minna, Niger State. BRIEF STATEMENT OF FACTS The Appellant, as Accused person was charged before the lower Court with the offence of culpable homicide punishable with death contrary to Section 221 of the Penal Code Law, Cap 124 Laws of Niger State, in that he was alleged to have caused the death of one Ibrahim Zaki by hitting him with a cutlass on the head.
The case of the Respondent as the Prosecution was that the Appellant was alleged to have killed one Ibrahim Zaki on the 18th of March, 2015 and was consequently arrested, charged and arraigned before the High Court of Kontagora Division Niger State for the offence of Culpable Homicide punishable with death contrary to Section 221 of the Penal Code CAP 94 Laws of Niger State, 1989 (as revised). The Appellant pleaded not guilty to the charge and the prosecution opened its case and called four witnesses to wit, Sgt.
TANKARI SHAYAU (PW1, his evidence is on pages 22 – 25 of the Record of Proceedings), DIJE IBRAHIM (PW2, her evidence on pages 37 – 39 of the Record of Proceedings), MAUDE IBRAHIM (PW3 his evidence on pages 40-41 of the Record of Proceedings) and Inspr. ADAMU SAIDU (PW4, his evidence is on pages 41-43 of the Record of Proceedings) and also tendered the confessional statement of the accused, same was admitted and marked as Exhibit “A” (Pages 6 and 7 of the Record of Proceedings) and thereafter called three other witnesses and closed its case.
