LawPavilion Online


Back

HARUNA ALHAJI GALADIMA v. THE STATE

(2017) LPELR-43469(SC)

In The Supreme Court of Nigeria

On Friday, the 15th day of December, 2017

SC.70/2013


Before Their Lordships

OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria

JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

AMINA ADAMU AUGIE 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


Between

HARUNA ALHAJI GALADIMA - 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 judgment of the Court of Appeal Kaduna wherein the Court affirmed the judgment of the Jigawa State High Court which convicted the appellant of culpable homicide punishable with death, contrary to Section 221(b) and Section 246 of the Penal Code.

The appellant and two others were arraigned before the Jigawa State High Court, Kazaure Judicial Division for the offence of culpable homicide punishable with death, contrary to Section 221(b) and Section 246 of the Penal Code Law.
The three persons were:
(i) Sambo Alhaji Galadima
(ii) Haruna Alhaji Galadima
(iii) Shabe Alhaji Galadima
The three accused persons were charged with the following count:
Count 1
That on or about the 1st day of June, 1996 at Kadagawa village of Babura Local Government Authority of Jigawa State within Jigawa Judicial Division you had formed a common intention to commit culpable homicide by doing an illegal act to wit by attacking and beating one Safiya Nomau with knowledge that death could be the probable consequence of your act and you thereby committed an offence punishable under Section 221 (b) of the Penal Code and Section 79 of the same law.

The prosecution called five witnesses in order to prove its case, while the three accused persons testified in their defence respectively, but did not call any other witness. Upon conclusion of the testimonies, both the counsel prosecuting and the defence counsel addressed the Court. In its considered judgment, the trial Court found the three accused persons guilty of the offence of culpable homicide punishable with death as charged and each was accordingly sentenced to death as required by the appropriate law.

The three convicts appealed to the Court of Appeal on eight (8) Grounds of Appeal. They also filed a joint brief of argument and urged the Court of Appeal to allow their appeal, set aside their conviction and sentence. The appeal was found to lack merits and was accordingly dismissed by the Court of Appeal in its unanimous decision.

Further aggrieved and dissatisfied with the judgment of the Court of Appeal the 2nd accused/appellant appealed to the Supreme Court.

ISSUES:
The Court determined the appeal on the lone issue for determination as follows:
"Whether in view of the evidence adduced at the trial Court, the Court of Appeal was right to have affirmed the decision of the trial Court that the charge of culpable homicide punishable with death was proved against the appellant beyond reasonable doubt as required by laws."

DECISION/HELD:
???In the final analysis, the Court held that the appeal fails and was accordingly dismissed.


Read Full Judgment