Courtesy: Moruff O. Balogun, Esq.

Summary of facts:

The appellant was arraigned at the High Court of Jigawa State, Jigawa and was charged with the offence of culpable homicide punishable with death contrary to section 221(b) of the Penal Code. It was alleged that the appellant hit Mohammadu Hamza on the head and other parts of his body with a stick with the knowledge that death would be the probable consequence of his act and that the act caused the death of the deceased.

At the time the event took place, he was eleven years of age. Upon arraignment, the accused pleaded not guilty to the charge. The prosecution called five witnesses and tendered four exhibits. The appellant did not give evidence nor call any witness but rather chose to rest his case on that of the prosecution.

At the conclusion of trial and upon review of the case for the prosecution, the trial court found that the appellant killed the deceased. Consequently, the court convicted and sentenced him to death by hanging.
At the time of the sentence, he was twelve years old. In the judgment of the trial court, no reference was made to the appellant’s age.

The appellant being aggrieved appealed to the Court of Appeal. The respondent also filed a respondent’s notice. In its judgment, the Court of Appeal found the appeal lacking in merit and it was dismissed.
However, upon the respondent’s notice, the death sentence was set aside and the appellant was ordered to be detained at the pleasure of the Governor of Jigawa State.

Still dissatisfied, the appellant appealed to the Supreme Court.
In determining the appeal, the Supreme Court considered the provision of section 270 of the Criminal Procedure Code of Jigawa State which states thus:
270. No sentence of death shall be imposed on a person who is under seventeen years of age or on pregnant women.”

Held (Unanimously allowing the appeal):
The following issues were raised and determined by the Supreme Court:

CHILDREN AND YOUNG PERSONS : On whether sentence of death can be imposed on person under seventeen years of age –
By virtue of section 270 of the Criminal Procedure Code of Jigawa State, no sentence of death shall be imposed on a person who is under seventeen years of age or on pregnant woman. As the law has exempted a child under seventeen years from being sentenced to death and no other form of punishment can be inflicted on him even though found to be guilty of the offence of culpable homicide punishable with death, he is entitled to be acquitted and discharged.

In the instant case, the sentence of death which was imposed on the appellant was a nullity. The appellant was a minor when the offence was committed and he remained a minor when he was sentenced to death. He ought not to have been sentenced to death.

Per ARIWOOLA, JS.C. stated:
“It is most unfortunate that despite the clear evidence on the record that the appellant was eleven (11) years old when he was arraigned before the trial court and was barely twelve years when he was sentenced, the trial, Judge was wrong, to say the least, to have sentenced the appellant to death.

He was simply ‘a child’ not having attained the age of fourteen years. The error of the trial Judge is inexcusable. The court below was therefore right to have set aside the sentence of the appellant to death by the trial Judge.”

On meanings of homicide and culpable homicide –
Homicide is the killing of one person by another. It is also the act of purposely, knowingly, recklessly or negligently causing the death of another human being. However, culpable homicide is a wrongful act that results in a person’s death but does not ordinarily amount to murder.

On ingredients of offence of culpable homicide punishable with death-
In order for the prosecution to secure conviction in a charge of culpable homicide punishable with death, the following ingredients must be established:
The death of the deceased;
that the death resulted from the act of the accused;
and that the accused knew that the act will result in the death or did not care whether the death of the deceased will result from his act.

On ways of proving offence of culpable homicide punishable with death-
The prosecution can prove the offence of culpable homicide punishable with death under the Penal Code to the standard required by law, that is, proof beyond reasonable doubt, by any or all of the following methods:
(a) by confession of the accused person;
(b) by direct evidence of eye witness;
(c) by circumstantial evidence.

On punishment for offence of murder or culpable homicide punishable with death-
Once a person has been found guilty of having committed the offence of murder or culpable homicide punishable with death, it is mandatory that he be sentenced to death. No other form of punishment can be inflicted.

On punishment for person under age of seventeen convicted of offence punishable with death-
By section 272(1) of Criminal Procedure Code of Jigawa State, where a person is convicted of an offence punishable with death and it appears to the trial court by which he is convicted that he was under age of seventeen years when he committed the offence, the court shall order that he be detained during the Governor’s pleasure, and if the court so orders, he shall be detained in accordance with the provisions of section 303 of the Code notwithstanding anything to the contrary in any written law.

Per ARIWOOLA,J.S.C stated:
“However, the question is, whether from the facts and circumstances of this case, the learned Justices of the lower court were right in ordering that the appellant, a minor between 11 and 12 years of age should be detained in prison at the pleasure or the
Governor of JigaWa State.

There is no doubt that this issue deserves to be resolved in favour of appellant, considering the facts, circumstances and findings or the two courts below. Both the
conviction and sentence ought to have been set aside with the order of acquittal and discharge.

On who is a child-
Section 2 of Children and Young Persons Law of Jigawa State, 1998 defines a child as any person who has not attained the age of fourteen years.

On who is a young person-
By section 2(1) of the Criminal Procedure Act, section 272 (1) of the Criminal Procedure Code of Jigawa State and section 2 of the Children and Young Persons Law of Jigawa State, a young person is a person who has attained the age of fourteen years but has not attained the age of seventeen years.

Courtesy:
Moruff O. Balogun Esq.
Ijebu Ode, Ogun State.
08052871414
09121207712 [WHATSAPP]