MATI MUSA v. THE STATE

CORAM

WALTER SAMUEL NKANU ONNOGHEN, JUSTICE SUPREME COURT

USA DATTIJO MUHAMMAD, JUSTICE SUPREME COURT

KUMAI BAYANG AKA’AHS, JUSTICE SUPREME COURT

JOHN INYANG OKORO, JUSTICE SUPREME COURT

CHIMA CENTUS NWEZE, JUSTICE SUPREME COURT

PARTIES

MATI MUSA

APPELLANTS

THE STATE

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

By a charge dated 5th July, 2006, the Appellant was arraigned by the Respondent before the Katsina State High Court, for the offence of Culpable Homicide punishable with death under Section 221 of the Penal Code. He had caused the death of one Salihu Yusuf on the 3rd day of May 2004 by hitting him with a stick on his head. The Appellant pleaded not guilty to the charge. Six witnesses testified for the Respondent through whom four exhibits were tendered and admitted in evidence. The Appellant testified for himself and called no other witness in his defence. At the end of trial, the trial Court found the Appellant guilty as charged and convicted him accordingly. Aggrieved with the trial court’s judgment, the Appellant appealed to the Court of Appeal, Kaduna Division. Allowing the appeal in part, the Court set aside the Appellant’s conviction under Section 221 of the Penal Code and substituted it with one under Section 224 of the same code for culpable homicide not punishable with death and sentenced him to ten years imprisonment. Still dissatisfied, the Appellant has further appealed to this Court, urging the court to set aside the conviction and sentence by the lower court on grounds among others, that the Respondent, who has not discharged the burden of proving beyond reasonable doubt that it was the Appellant that caused the death of Salisu Yusuf, is not even entitled to the lower Court’s verdict substituting the Appellant’s conviction under Section 224 of the Penal Code with the trial Court’s conviction under Section 221 of the same code for homicide punishable with death.

HELD

Appeal Dismissed

ISSUES

Whether by (sic) the available evidence on the records, it (sic) can justifiably sustain a conviction of the Appellant on the substituted charge of Culpable Homicide not punishable with death under Section 224 of the Penal Code.