Judgment
AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): On 22/10/2009, at Hadejia Town, Hadejia Local Government Area, Jigawa State, a little girl was rescued from drowning in a river, and she was handed over to the Appellant, who said he was her father. On the same day, one Tanimu Mohammed reported to the Police that his six-year-old daughter, called Hadiza, was missing.
Four days later on 26/10/2009, based on information received by the Police, Appellant was arrested and he led the Police to where the partially decomposed body of a little girl was found, with the two eyes, heart and other organs removed, and Tanimu Mohammed identified the body to the Coroner as that of his daughter.
The Appellant was arraigned before the High Court of Jigawa State on a two-Court Charge of Kidnapping punishable under Section 273 of the Penal Code and culpable homicide punishable with death under Section 221(a) of same Code.
He pleaded not guilty to the Charge and to prove its case, the Prosecution called five witnesses. The first three testified as to how PW1, Yakubu Ibrahim, had saved the deceased from drowning, and handed her over to the Appellant. The father of the deceased testified as PW4, and the Investigating Police Officer, Sergeant Ibrahim Abdullahi, who testified as PW5, tendered the Statements made by the Appellant to the Police in evidence. Defence Counsel informed the Court that ‘‘the Accused Person said he did not sign the Statement and that he did not even give any Statement”.
In overruling the Objection, the trial Court held that – The Statements are admitted in evidence as it is relevant under Section 6 of the Evidence Act. The weight to be attached to it would be considered by the Court in view of the Accused Person’s observation on the Statement. They are to be marked Exhibit A & B respectively.
In Exhibit B, English translation of his Statement recorded in Hausa [Exhibit A], the Appellant stated that he and one Ado Roki, were contracted by one S/Jeji Abdullahi Abubakar, to supply him with human eyes and heart, and he was given N5,000 balance of the contract sum of N10, 000. He further stated as follows – After one day, I took passenger from market to Gulamri area where I saw Hadiza and took her on my motor cycle … I told her that I will take her to their house because I know the house – – I took her to the bush.
