ISA KASSIM. V. THE STATE

Issue:

The appellant in a one count charge dated 15th February, 2012, was alleged to have committed an offence of culpable homicide punishable with death under Section 221(b) of the Penal Code (Cap 105) Laws of Kano State 1991. The charge against him (appellant) was that on or about 15/1/2009 at about 1600 hrs at Hotoro quarters, Kano he stabbed one Akaraja Musbahu with a knife in his back till he died, with the knowledge that death would be the probable consequence of his act. The appellant pleaded not guilty to the charge whereupon the prosecution called four witnesses as PW1 - PW4 and the appellant gave evidence in defence of the charge without calling any additional witness. In a considered judgment of the High Court of Kano State delivered by Hon. Justice Wada Abubakar Omar on 19th November 2013, the appellant was found guilty of the offence as charged, convicted and sentenced to death by hanging. The learned trial judge however took cognizance of the age of the appellant among other circumstances and recommended him for prerogative of mercy by the Governor of Kano State. The appellant was dissatisfied with the aforesaid judgment and he lodged an appeal against same to the Court below. In their judgment delivered on 20th day of March, 2015, the learned justices of the Court below affirmed the judgment of the trial Court. Hence the further appeal now before the Supreme Court.