LawPavilion Online


Back

HALIRU DAHIRU v. THE STATE

(2018) LPELR-44497(SC)

In The Supreme Court of Nigeria

On Friday, the 18th day of May, 2018

SC.468/2014


Before Their Lordships

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE 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

HALIRU DAHIRU - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Offence of Culpable Homicide.
FACTS:
This is an appeal against the decision of the Court of Appeal affirming the judgment of the High Court of Justice of Katsina State, sitting at Katsina in Katsina State Judicial Division. 
The Appellant was arraigned and prosecuted at the High Court of Justices of Katsina State, sitting at Katsina in Katsina State Judicial Division for the offence of Culpable Homicide punishable with death contrary to Section 221(b) of the Penal Code, and was convicted and sentenced to death by hanging having been found guilty of causing the death of one Aminu Sani on 29th May, 2004.
In proof of its case, the prosecution called six witnesses and tendered three Exhibits namely, the confessional statement of the accused/appellant, three knives and one caftan cloth. For his defence, the Appellant testified on his own behalf without calling any witness or tendering any Exhibit.
At the end of the trial the learned trial Judge on 31/3/2004 in his considered Judgment found the Appellant guilty as charged, convicted and sentenced him to death by hanging under Section 221(b) of the Penal Code.
Dissatisfied with the decision of the trial Court, the Appellant appealed to the Court of Appeal. In its considered Judgment, delivered on the 4th day of June, 2014, the Court of Appeal found the appeal of the Appellant without merit, it accordingly dismissed same, and affirmed the Judgment of the trial Court dated 31/3/2004 - Convicting and Sentencing the Appellant to death by hanging.
Being dissatisfied with the decision of the Court of Appeal, the appellant further appealed to the Supreme Court.

ISSUES:
The Court determined the appeal based on the following issue for determination:
"Whether the circumstantial evidence in this case was direct, positive, unequivocal, cogent, compelling and irresistibly led to one conclusion that Appellant caused the death of the deceased? (Distilled from grounds 1 & 2."


DECISION/HELD:
In the final analysis, the Supreme Court dismissed the appeal. The decision of the Court of Appeal affirming the sentence and conviction of the Appellant was affirmed.


Read Full Judgment