CORAM

---

Patricia Ajuma Mahmoud Justice of the Court of Appeal

Olabode Abimbola Adegbehingbe Justice of the Court of Appeal

Nnamdi Okwy Dimgba Justice of the Court of Appeal

---

PARTIES

---

MATION FELIX

APPELLANTS 

---

THE STATE

RESPONDENTS 

---

AREA(S) OF LAW

---

CRIMINAL LAW, CONSTITUTIONAL LAW, EVIDENCE LAW, PENAL CODE, HOMICIDE, APPELLATE PROCEDURE, CRIMINAL PROCEDURE, CRIMINAL EVIDENCE, DEFENSES TO CRIMINAL LIABILITY

 

---

SUMMARY OF FACTS

The Appellant was arraigned before the High Court of Justice, Taraba State, sitting in Jalingo on a one-count charge of culpable homicide punishable with death contrary to Section 221(a) of the Penal Code Laws of Taraba State 1997. The charge stemmed from events that occurred on June 30, 2021, at a farm in Murinzalzala village, Karim-Lamido Local Government Area of Taraba state. The Appellant had encountered a fight between his friend Wilson Bala and a Fulani man in a farm. While attempting to intervene, he was struck on the head with a stick by the deceased (Musa Alhaji Abdul). In retaliation, the Appellant took the same stick and hit the deceased on the head, leading to his death. At trial, the Prosecution called one witness and tendered one exhibit (Exhibit MF), being the alleged confessional statement of the Appellant. The Appellant testified for himself as DW1 and tendered no exhibit. The trial Court convicted the Appellant and sentenced him to seven years imprisonment without an option of fine.

 

---

HELD

---

The appeal was partly allowed.

The conviction of culpable homicide punishable with death under Section 221(a) of the Penal Code was set aside.

A conviction for culpable homicide not punishable with death under Section 222(1) of the Penal Code was substituted.

The sentence was reduced from 7 years to 5 years imprisonment, less any period spent in custody.

 

 

---

ISSUES

---

Whether the Respondent (Prosecution) proved its case beyond reasonable doubt against the Appellant (Accused) at the trial Court to warrant the conviction and sentence of the Appellant (Accused) to seven (7) years imprisonment without option of fine?

 

---

RATIONES DECIDENDI

---

BURDEN OF PROOF IN CRIMINAL TRIALS – STANDARD OF PROOF REQUIRED

---

“It is the law that a confessional statement alone, once it is direct, free and positive, is sufficient to ground the conviction of a criminal defendant.” – Per Nnamdi Okwy Dimgba, J.C.A.

 

---

NATURE AND EFFECT OF CONFESSIONAL STATEMENTS – SUFFICIENCY TO GROUND CONVICTION

---

“To establish the commission of the offence, the Prosecution must prove:

1) That the death of a human being took place;

2) That such death was caused by the accused; and

3) That the act of the accused that caused the death was done with the intention of causing death or that the accused knew that death would be the probable consequence of his act.” – Per Nnamdi Okwy Dimgba, J.C.A.

 

---

ELEMENTS OF CULPABLE HOMICIDE – REQUIREMENTS FOR PROVING THE OFFENSE

---

“A trial Court has the duty to consider all the defences available to an accused on the available record, whether or not such a defence has been raised specifically by the accused. That is more so where the accused has raised it.” – Per Nnamdi Okwy Dimgba, J.C.A.

 

---

DUTY OF COURT TO CONSIDER ALL DEFENSES – SCOPE OF COURT’S OBLIGATION

---

“For provocation to constitute a defence however, it must consist of three elements or ingredients which must coexist within a reasonable time- namely:

(a) the act of provocation was done in the heat of passion;

(b) the loss of self-control both actual and reasonable, that is to say, the act was done before there was time for cooling down; and

(c) the retaliation is proportionate to the provocation.” – Per Patricia Ajuma Mahmoud, J.C.A.

 

---

DEFENSE OF PROVOCATION – ESSENTIAL ELEMENTS AND APPLICATION

---

“Where a law like in the instant case provides a mandatory punishment, the Court once it convicts under that law has no discretion to exercise in imposing or passing sentence except where the convict is under seventeen years of age which is not the case here.” – Per Patricia Ajuma Mahmoud, J.C.A.

 

---

MANDATORY SENTENCES – LIMITS OF JUDICIAL DISCRETION

---

“Where a law like in the instant case provides a mandatory punishment, the Court once it convicts under that law has no discretion to exercise in imposing or passing sentence except where the convict is under seventeen years of age which is not the case here.” – Per Patricia Ajuma Mahmoud, J.C.A.

 

---

CONFESSIONAL STATEMENTS – REQUIREMENTS FOR VALIDITY

---

“The defences which the Court has the duty to consider on behalf of the accused person or an appellant are defences that appear or are contained in the evidence in the record of proceedings of the Court even if the accused person did not specifically raise them.” – Per Olabode Abimbola Adegbehingbe, J.C.A.

 

---

CONSIDERATION OF AVAILABLE DEFENSES – COURT’S OBLIGATION

---

“A ‘confessional statement’ is an admission made at any time by a person charged with a crime, stating or suggesting the inference that he committed the crime. It is an extra-judicial statement made by a criminal defendant to law enforcement authorities containing an assertion of admission, showing that he participated in the commission of the offence for which he stands accused.” – Per Nnamdi Okwy Dimgba, J.C.A.

 

---

EFFECT OF PROVOCATION ON CULPABLE HOMICIDE – REDUCTION OF OFFENSE

---

“When a person who unlawfully kills another in circumstances which but for the provisions of the Penal Code would constitute culpable homicide punishable with death does the act which causes death in the heat of passion caused by grave and sudden provocation and before there is time for his passion to cool down, he is guilty of culpable homicide not punishable with death instead.” – Per Patricia Ajuma Mahmoud, J.C.A.

 

---

DEFENSE OF SUDDEN FIGHT – EFFECT ON CULPABLE HOMICIDE

---

“Under Section 222(4) of the Penal Code the defence of sudden fight is also available to the appellant in the circumstances of this case. This defence can also reduce the offence from culpable homicide punishable with death to culpable homicide not punishable with death.” – Per Patricia Ajuma Mahmoud, J.C.A.

 

---

EVALUATION OF EVIDENCE – COURT’S OBLIGATION

---

“The trial Court had a duty to consider all defenses possible or available to an accused person or an appellant in a criminal case, even though such defenses may appear stupid, improbable or ungrounded, though the Court cannot give an accused person or an appellant the benefit of defenses which are not supported or reflected by the evidence on record.” – Per Olabode Abimbola Adegbehingbe, J.C.A.

 

---

INTERPRETATION OF DEFENSES – SCOPE AND LIMITATIONS

---

“The Court is not expected to embark on a wild goose chase to conjecture as to defenses that are not disclosed on the evidence.” – Per Olabode Abimbola Adegbehingbe, J.C.A.

 

---

APPELLATE COURT’S POWER TO MODIFY SENTENCE – SCOPE OF AUTHORITY

---

“This appeal is partly allowed. The conviction of the Appellant for culpable homicide punishable with death under Section 221(a) of the Penal Code is hereby set aside. I substitute same with conviction for culpable homicide not punishable with death under Section 222(1) of the Penal Code.” – Per Nnamdi Okwy Dimgba, J.C.A.

 

---

CASES CITED

---

---

STATUTES REFERRED TO

---

Constitution of the Federal Republic of Nigeria 1999 (as amended)

Penal Code Laws of Taraba State 1997

Evidence Act 2011