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(2019) LPELR-47045(CA)

In The Court of Appeal of Nigeria

On Monday, the 25th day of March, 2019


Before Their Lordships

OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria

JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria

SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria


USMAN MOHAMMED - Appellant(s)


THE STATE - Respondent(s)

Other Citations

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This appeal borders on Criminal Law and Procedure.
This appeal is against the judgment delivered on 16th April, 2017, in the High Court of Adamawa State holden at Yola. 

In the High Court, the Appellant was tried, convicted and sentenced to death for the offence of culpable homicide punishable with death contrary to Section 221(b) of the Penal Code. The only evidence adduced by the prosecution is the cautionary statement of the Appellant which he made in Hausa language but was recorded by PW1 in English language.

In his defence in Court, the Appellant said he did not know anything about the matter. That he was arrested at the Mubi roundabout Jimeta when he came from Bardake at 9am.  According to him there was a bomb blast at the Jimeta Market and so searches were being conducted. They were asked to enter vehicles stationed there. They did and they were taken to the SCID. He could not count the number of people arrested. He was accused of being one of the perpetrators of the bomb blast. Later he was accused of fighting an unknown person. He denied knowledge of this. The people arrested with him who had relations were released leaving him alone in custody because he had no relations.  

After considering evidence and written addresses of learned counsel for both parties, the High Court convicted the appellant and sentenced him to death.
Dissatisfied, the Appellant appealed to the Court of Appeal.

The Court determined the appeal on this sole issue couched as follows:
"whether the trial Court was correct when it held that the Respondent proved against the Appellant beyond reasonable doubt the offence of Culpable Homicide punishable with death, convicted and sentenced the Appellant to death?"

On the whole, the Court found merit in the appeal and accordingly allowed same. The Appellant was therefore discharged and acquitted.

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