POSITION OF THE LAW ON SENTENCING OF A MINOR CONVICTED OF A CAPITAL OFFENCE

CASE TITLE: DAHIRU v. STATE (2023) LPELR-60715(CA))

JUDGMENT DATE: June 9, 2023

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: JAMES GAMBO ABUNDAGA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Criminal Law and Procedure.

FACTS:

This is an appeal against the decision of the High Court of Sokoto State delivered on July 27, 2021, wherein the appellant was found guilty for the offenses of culpable homicide punishable with death and House Trespass under Sections 221(b) and 350 of the Penal Code and was accordingly sentenced to death. However, the convict being a person who was 16 years old at the time he committed the offense, the Court directed that he be remanded at the pleasure of the Governor.

The appellant, along with two others, was charged before the lower Court for offenses of conspiracy, house trespass, abetment, and culpable homicide punishable by death. Upon arraignment, all the defendants pleaded not guilty, and the case proceeded to trial. In the course of the trial, the prosecution called six witnesses and tendered documentary exhibits, while the appellant and his co-defendants each testified and tendered some documentary exhibits. At the conclusion of the trial, the appellant alone was convicted for the offenses of House trespass and culpable homicide, punishable with death.
Dissatisfied, appellant appealed

ISSUES FOR DETERMINATION:

The appeal focuses on the lower court’s conviction of the appellant for conspiracy and culpable homicide based on a retracted confession. The court also considers the evidence of the knife, medical report, and Pw4’s testimony, rejecting the appellant’s alibi defense, and sentencing the 17-year-old to death in one breath and remanding at the Governor’s discretion.

DECISION/HELD:

In conclusion, the appeal was dismissed.

RATIOS:

• CRIMINAL LAW AND PROCEDURE- DEFENSE OF ALIBI: Position of the law on the Defense of alibi; instance where the defence of alibi will not avail an accused person
• CRIMINAL LAW AND PROCEDURE- SENTENCING: Legal position on sentencing a minor convicted of a capital offense.
• EVIDENCE: CONFESSIONAL STATEMENT: whether the retraction of a voluntary confessional statement renders it inadmissible
• EVIDENCE- CALLING OF WITNESS(ES): Effect of failure to call a vital witness
• EVIDENCE- CONFESSIONAL STATEMENT: Whether the retraction of a voluntary confessional statement renders it inadmissible
• EVIDENCE- CONFESSIONAL STATEMENT: What is expected of a trial judge when an accused person makes two statements voluntarily?
• EVIDENCE- CONFESSIONAL STATEMENT: What is expected of a trial judge when an accused person makes two statements voluntarily?
• EVIDENCE-CONFESSIONAL CONFESSIONAL STATEMENT: Whether a court can convict on a retracted confessional statement
• EVIDENCE- CONFESSIONAL STATEMENT: What is expected of a Court before convicting on a confessional statement.
• EVIDENCE- CORROBORATION/CORROBORATIVE EVIDENCE: The nature of corroborative evidence required to verify the contents of a confessional statement.
• EVIDENCE- ADMISSIBILITY OF EVIDENCE: Whether improperly obtained evidence is admissible
• EVIDENCE- PROOF BEYOND REASONABLE DOUBT: The requirement of the law as regards proof beyond reasonable doubt