“In respect of the alibi raised in defence by the appellant again, the PW1 chose not to believe him and did not bother to investigate in spite of the timeous putting across of the alibi and the details proffered. What transpired in this regard is that the appellant fulfilled his duty not only to say he was not at the scene of crime at the relevant period but gave particulars of where he was and with whom thereby discharging his responsibility and placing the ball in the Court of the prosecution who now had the bounden duty to investigate to confirm the appellant’s assertion or debunk same. Of course it is to be said that failure of the prosecution to investigate the alibi would have serious consequences which may be fatal unless the prosecution can adduce strong evidence pinning the appellant to the scene in which case the alibi would be said to have been demolished. That I dare say is not the case here as there really has been nothing connecting the appellant to the crime and so the natural consequences of fatality of the case of the prosecution in the absence of the alibi being investigated. See Akindipe v State (2016) 15 NWLR (Pt.1536) 470 at 502; Idemudia v State (2015) 17 NWLR (Pt.1488) 375 at 396; State v Azeez & 2 Ors. (2008) 14 NWLR (Pt.1108) 439 at 465; Adebiyi v State (2016) 8 NWLR (Pt.1515) 459 at 479; Augustine Onuchukwu & 2 Ors v The State (1998) 4 NWLR (Pt.547) 578. Clearly the findings of fact on this issue of the defence of alibi which the appellant raised and which the Courts below ignored are perverse and I do not hesitate in disturbing those findings as t
GIDADO ADAMU v. THE STATE (2019-LCER-36859-SC)
Facts
This appeal is against the decision of the Court of Appeal, Yola Division, delivered on 22/3/2016, which affirmed the judgment of the High Court of Taraba State, Jalingo Judicial Division, delivered on 20/5/2014 convicting the appellant of the offence of culpable homicide punishable with death under Section 221(b) of the Penal Code and sentencing him to death.
P.1
The appellant was alleged to have stabbed one Shuaibu Ahmed on the ribs with a knife on 30th September, 2011 at about 7pm at Namnai Village in Gassol Local Government Area within Jalingo Judicial Division, which act resulted in his death. The appellant pleaded not guilty to the charge. The prosecution called one witness, Sgt. Danjuma Manga, one of the Investigating police officers. The extra Judicial statement of the appellant was tendered through him and marked Exhibit GA1. The appellant testified on his own behalf and called no other witness.
As stated above, at the conclusion of the trial the appellant was found guilty as charged and sentenced to death. The learned trial Judge relied heavily on the appellant’s statement in reaching the guilty verdict. He considered and rejected the defence of provocation allegedly raised in the said statement.
His appeal to the lower Court was unsuccessful, hence the further appeal to this Court.
Issues
1. Whether having regard to the facts and circumstances of the case, the Court of Appeal was right in affirming the trial Court’s judgment admitting and relying on the extra judicial confessional statement of the Appellant (Exhibit GA1) in the absence of an Hausa Language version of Exhibit GA and without the interpreter and recorder of Exhibit GA1 being called as a witness.
2. Whether the respondent proved the case of culpable homicide against the appellant beyond reasonable doubt, as required by law to justify the conviction and sentence of the Appellant to death by hanging, considering the totality of the evidence at the trial?
3. Whether the defence of alibi validly raised by the appellant does not avail him in the circumstances of this appeal?
Lead Judge(ment)
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Lead Judgment):
Held
Appeal Allowed. The Appellant was accordingly, discharged and acquitted.
Alternate Citations
Read Full Judgment
Counsel:
L.O. Fagbemi, Esq……For Appellant
And
Y.N. Akirikwen, Esq. (Hon. A.G. Taraba State) with him, Hamidu Audu, Esq. (D.P.P Ministry of Justice Tabara State), C.R. shaki, Esq. (SCI) and E.T. Anderifun, Esq. (SCI)…..For Respondent
For Appellant(s)
For Respondent(s)
Counsel’s Photograph(s) Needed.