JAMES AFOLABI. V. THE STATE

Issue:

The Appellant was arraigned on a single count charge of culpable homicide punishable with death contrary to Section 221 (b) of the Penal Code, Laws of Northern Nigeria. The prosecution called a total of three witnesses who gave evidence of the death of one Abubakar Mohammed. In the course of the trial, the prosecution witnesses tendered four negatives and four pictures of the deceased corpse and same were admitted in evidence as Exhibits A1-A4 and B1-B4 respectively. A post mortem examination was conducted on the deceased and the result of the autopsy was admitted in evidence as Exhibit BB. The appellant made two confessional statements. Exhibits C and D are the said confessional statements the appellant made at B Division Police Station, Lokoja and State CID Lokoja respectively. Exhibit E is a gun used to commit the offence while Exhibits F and G are a blood stained cap and a pair of scissors respectively. It is the case of the respondent (Prosecution) that the appellant committed the offence with which he was charged at the trial Court. The appellant admitted in both Exhibits C and D that he shot the deceased with a gun which led to his death. Exhibit D was subjected to trial within trial after which the learned trial judge held that it was voluntarily made. There is no appeal against the aforementioned ruling of the learned trial judge. On the other hand, the appellant simply denied committing the offence in the course of his evidence before the trial High Court. He narrated that he has a farm land where he planted cassava and yam. He said that a Fulani man came to his farm on 27/2/2009. He further stated that he accosted the Fulani man within the vicinity of his farm. About 6pm of the same date, he became aware of the death of the deceased. As I stated earlier, the trial Court convicted and sentenced the appellant to death under Section 221(b) of the Penal Code. An appeal to the lower Court was dismissed. The Court of Appeal held that the Trial Court was right in convicting the Appellant on the strength of his confessional statements and that the respondent had proved the ingredients of the offence of culpable homicide punishable with death contrary to Section 221 of the Penal Code. Against the decision of the Court below, the appellant has further appealed to this Court.