Judgment
ABUBAKAR MAHMUD TALBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Kaduna State High Court delivered on 27th January, 2020 in Charge No: KDH/KAD/44C/16. The appellant was arraigned before the High Court (hereinafter referred to as the lower Court) on a five count charge of culpable homicide and an attempt to commit suicide punishable under Sections 221 and 231 of the Penal Code Laws of Kaduna State respectively.
The appellant was alleged to have murdered/slaughtered four of his children and he attempted to kill himself on or about the 18th of November, 2015 at Kawo Kaduna. The appellant pleaded not guilty and the prosecution called seven (7) witnesses to prove its case. The appellant testified in his own defence and he also called one witness. It is instructive to note that PW1 is the neighbor of the appellant. PW2 is the son of the appellant. PW3 is the wife of the appellant and the mother of his children including the four deceased. PW4, PW5 and PW6 are police officers.
PW7 is the elder brother of the appellant. After hearing a considered judgment, the learned trial Judge convicted the appellant and sentenced him to death by hanging for the murder of four of his children. Aggrieved by the decision the appellant appealed to this Court vide a notice of appeal filed on 11th of March, 2020. It contain six (6) grounds of appeal. The appellant filed an amended notice of appeal on 20/10/2021, and deemed on 4/11/2021. It contain ten (10) grounds of appeal.
At the hearing of the appeal on 29th of June, 2022 Haliru Garuba of counsel adopted the appellant’s brief of argument filed on 9th November, 2021. He urge the Court to allow the appeal and set aside the judgment of the trial Court. A. Isiyaka of counsel adopted the respondents brief of argument filed on 4/02/21 and deemed on 30/5/22. He urge the Court to dismiss the appeal and affirm the judgment of the trial Court. From the ten (10) grounds of appeal the appellant distilled three issues for determination thus: 1.
Whether the learned trial Judge was right to have relied on Exhibit 3 (1-9) and the evidence of PW3 in convicting and sentencing the appellant to death. 2. Whether the failure and/or omission of the learned trial Judge to consider the clear, consistent and uncontroverted explanation put forward by the appellant did not occasion a miscarriage of justice to the appellant. 3.
