LawPavilion Online


Back

ISA KASSIM v. THE STATE

(2017) LPELR-42586(SC)

In The Supreme Court of Nigeria

On Friday, the 30th day of June, 2017

SC.361/2015


Before Their Lordships

CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria

EJEMBI EKO Justice of The Supreme Court of Nigeria

PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

ISA KASSIM - Appellant(s)

AND

THE STATE - Respondent(s)


Summary

INTRODUCTION:
This appeal borders on the offence of culpable homicide punishable with death.
FACTS:
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.
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 of Appeal. In their judgment delivered on 20th day of March, 2015, the learned justices of the Court of Appeal affirmed the judgment of the trial Court. Hence this further appeal to the Supreme Court

ISSUES:
The appeal was decided on the issues formulated by the Respondent viz:
"i. Whether Exhibits 1, 2, & 3 are inadmissible in law for failing to satisfy the requirements and conditions for their admissibility evidence under the relevant provisions of the Evidence Act, 2011; and
ii. Whether respondent has proved the guilt of the Appellant beyond reasonable doubt with cogent, credible and compelling evidence required by law?"


DECISION/HELD:
The appeal was dismissed. The conviction and sentence of the appellant by the trial Court in the charge No. K/19c/2012, which conviction and sentence were affirmed by the Court of Appeal in its judgment delivered in the appeal No. CA/K/162/2012 on 20th March, 2015 were further affirmed.


Read Full Judgment