ABARA AMADU V THE STATE

Issue:

The Appellant herein was the accused person before the High Court of Sokoto State in which the appellant was arraigned on the 24th day of October, 2013 on a lone count charge of culpable homicide punishable with death contrary to Section 221 (b) of the Penal Code. At the trial court, the prosecution lined up seven (7) witnesses, and the proof of evidence. The trial of the appellant commenced on 18th September, 2013. He pleaded not guilty to the amended charge against him on 19th November, 2013. In proof of its case, the prosecution called three witnesses. They were Sgt. Ahmed Abubakar (PW1), Sgt. Danjuma Giwa (PW2) and Muhammadu Danladi (PW3). In the cause of the trial, the appellant resiled from his extra-judicial statement made to the Police and challenged the admissibility of same. The trial court however, admitted the Hausa and English versions of the said statement in evidence as Exhibits 'B and Bl' respectively, on the basis that it was not its voluntariness that was challenged. The appellant opened his defence on 15th January, 2014 and testified for himself. He called no witness. The learned counsel for the prosecution and defence adopted their final written addresses on 23rd January, 2014 and judgment was delivered by the trial court on the 31st day of January, 2014. The appellant was found guilty as charged and sentenced to death accordingly. Dissatisfied with the decision of the trial Court, the appellant appealed unsuccessfully to the Lower court hence further appeal to the Supreme Court.