Judgment
ABUBAKAR MUAZU LAMIDO, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the judgment of the Jigawa State High Court delivered by M.A. Sambo, J. on 31st October, 2013. The Appellant was arraigned before the High Court of Jigawa State on a lone count charge of culpable homicide punishable with death contrary to Section 221 (b) of the Penal Code.
The charge reads:- “That you Alhassan Musa (m) on or about 24th day of May, 2011 at about 12:00am at Nabai, Fulani settlement in Babura Local Government Area of Jigawa State within the Jigawa Judicial Division killed your wife by name Nanazabau Musa by using a matchet and cutting her neck and throat as a result she sustained injury and died as a result of the said injury and you thereby committed an offence of culpable homicide punishable with death under Section 221 (b) of the Penal Code of Jigawa State.” The accused/Appellant pleaded not guilty to the above charge and the prosecution opened its case and called a total number of 7 witnesses and tendered 1 Exhibit.
The accused/Appellant opened his defence and called 2 witnesses. At the conclusion of hearing and address of Counsel, the trial Court in a considered judgment found the accused/Appellant guilty as charged and sentenced him to death. Dissatisfied with his conviction and sentence, the accused/appellant filed a notice of appeal in challenge of same.
The said notice of appeal contained 3 grounds of appeal couched thus:- GROUND ONE The learned trial judge erred in law when he held thus:- “Consequently, I am satisfied that the ingredients for the offence of culpable homicide supra have been established against the accused person by the prosecution.
I am therefore convinced beyond reasonable doubt that the accused person committed the offence of culpable homicide contrary to Section 221(b) of the Penal Code and punishable under the same section of the law when he caused the death of Nana Zabba’u (his wife) by cutting her neck with a sharp object on the neck on the 24th May, 2011. PARTICULARS OF ERROR i. The prosecution had failed to prove the essential ingredients of the offence of culpable homicide punishable with death under Section 221(b) of the Penal Code Law, Cap 107, Laws of Jigawa State. ii.
