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TERNENGE TERSOO v. THE STATE

(2018) LPELR-44564(CA)

In The Court of Appeal of Nigeria

On Wednesday, the 30th day of May, 2018

CA/MK/227C/2017


Before Their Lordships

JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria

ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria

JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria


Between

TERNENGE TERSOO - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the offence of Culpable Homicide Punishable with Death.
FACTS:
This Appeal is against the decision of the Benue State High Court, Makurdi.

It was the case of the Respondent that the Appellant strangled a deceased baby, Pineter Tersoo, to death, thereby committing the offence of culpable homicide punishable with death under Section 222 of the Penal Code. The Appellant on the other hand contended that she did not strangle the deceased but that he took ill and died of possible meningitis.

In proof of its case, the Respondent called two witnesses, the Investigating Police Officer (IPO) at the Benue State Police State Criminal Investigation division (CID) Makurdi, and initial IPO at the Divisional Police Headquarters, Tseagbaragba. During the course of trial, a trial-within-trial was conducted to determine the voluntariness or otherwise of the Appellant's confessional statement, and it was subsequently admitted in evidence as Exhibit 2. The Appellant thereafter entered her defence. She testified and called no other witness.

???At the close of trial, the Appellant was convicted for the offence of culpable homicide punishable with death under Section 222 of the Penal Code Law of Benue State and sentenced to death by hanging. Dissatisfied, Appellant appealed to the Court of Appeal.

ISSUES:
The issues for determination in the appeal are:
"1. Whether, having regards to the totality of evidence adduced and the entire circumstances of this case, particularly the burden and standard of proof required in proving a criminal allegation, the trial Judge was right in finding the Appellant guilty and convicting her of culpable homicide punishable with death.
2. Whether the learned trial Judge's admission of Exhibit 2 (the Appellant's confessional statement) and basing his conviction on same, occasioned a miscarriage of justice."

DECISION/HELD:
In the result, the appeal was allowed. Appellant was discharged and acquitted.


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