CaseLaw
Usman V. State (2014) CLR 5(e)(SC)
Judgement delivered on May 9th 2014
Brief
Facts
A synopsis of the facts will suffice. The Appellant had a quarrel with his late wife on the fateful day. PW1 (their houseboy) heard her crying that night. Thirty minutes after, the Appellant called the PW1. When he went, he saw the dead body of the deceased wife of the Appellant in the "palour." According to PW1, the Appellant dug a portion of his compound where he buried the wife. The PW1 had assisted the Appellant to carry the body of the woman into the shallow grave. The Appellant threatened the PW1 with death should he tell anybody what he has seen. Thereafter, the Appellant faked that his wife could not be found. He reported to the police. A dog later dug the shallow grave and the decomposing body of his wife was revealed. He was arrested and after investigation arraigned before the High Court of Gongola State, Jalingo Judicial Division upon a charge of Culpable Homicide punishable with death under Section 221 (a) of the Penal Code.
On the 23rd of November 1995, the learned trial judge found the Accused/Appellant guilty of culpable homicide under Section 220 (b) of the Penal Code and punishable under Section 224 thereof and sentenced him to eleven (11) years imprisonment.
The State appealed against that decision. The Court of Appeal found the Appellant guilty of culpable Homicide punishable with death and thereupon sentenced the Appellant to death. The appeal was allowed. The Appellant has now appealed to this court against the sentence of death imposed on him.