CaseLaw
Usman Vs. State (2010) CLR 4(k) (CA)
Judgement delivered on April 8th 2010
Brief
Facts
This is an appeal against the judgment of the Sokoto State High Court, Per Sambo J, convicting and sentencing the appellant, Habibu Usman, for culpable homicide punishable with death under section 221 of the penal code. The judgment is dated 25lh April, 2006. The undisputed facts of the case leading to the judgment of the court and this appeal are hereunder supplied immediately.
The appellant got married to Salamatu, now deceased, in 1992. The two were cousins. Marriages between cousins are allowed in Hausa land where both came from. Like others that had also failed, the one between the appellant and his deceased wife has had fatal consequences. Beyond the murder of his cousin and wife that he was convicted and sentenced for, and against which conviction and sentence this appeal is all about, serious steps must be taken to heal such deadly injury inflicted on the greater unity the marriage between the appellant and the deceased was intended to generate.
Before her death, Salamatu had moved to her parents' house. This happened on 19th February, 1985. Salamatu was no longer at peace with the appellant, who even without the marriage between them, given the sameness of the blood contained in their veins, should have ensured she was at peace. The appellant would not let go Salamatu, his cousin and wife whom he falsely claimed to adore. Having failed to cultivate and sustain the affection or revive it, the appellant lost his humanity also. The efforts put by relations to ensure the success of the marriage failed also to register on Habibu’s mind. He was far too gone to understand that affection is never forced. He settled for the beastly paradigm that that which could not be had must be destroyed!
On or about 11th March. 1995 and at about 0100 hours, Habibu Usman struck. He left his house, went to his uncle’s house where is estrange wife was staying with her parents. With knife and a hoe, appellant inflicted the fatal injuries on Salamotu his wife and Aishatu his mother in-law. Salamotu died instantly from the injuries she sustained from the appellant. Aishatu was luckier. She was discharged after three week’s admission.
Appellant was arraigned before, tried, convicted and sentenced by Sokoto State High Court, for culpable homicide punishable with death under section 221 of the Penal Code. Aggrieved by the decision, the appellant has, by a notice filed on 16th May, 2006 containing a single ground, appeal to this court.
Issues
Whether the trial court rightly admitted the appellant’s confessional...