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  • What the prosecution must prove in a charge of mischief by fire

    What the prosecution must prove in a charge of mischief by fire

    FACTS

    This is an appeal arising from the judgment of the High Court of Kaduna State sitting in Kaduna in Charge Number: KDH/KAD/92C/ 2014.

    The Appellant was arraigned before the trial Court on a two-count charge for the offences of causing mischief by fire under Section 337 of the Penal Code Law of Kaduna State, and the offence of culpable homicide punishable with death under Section 221 of the Penal Code Law of Kaduna State. The Appellant pleaded not guilty to the charge.

    It was the Respondent’s case that on the 11th day of December 2010, the Appellant set the room of one Binta Muhammad, who they claimed was his girlfriend, on fire which led to her death. The Appellant testified in his own defence and denied ever committing the said offence.

    While delivering its judgment, the trial Court convicted the Appellant on both counts. On count one, the Appellant was sentenced to 10 years imprisonment and a fine of N10,000, while on count two, he was sentenced to death by hanging.

    Dissatisfied with the judgment of the trial Court, the Appellant appealed to the Court of Appeal.

    ISSUES FOR DETERMINATION

    The Court determined the appeal on a sole issue, viz:

    Whether the Court below was right in holding that the prosecution had proved its case for the offence of mischief by fire and culpable homicide against the Appellant beyond reasonable doubt.

    APPELLANT’S SUBMISSION

    Arguing the issue, the learned Counsel for the Appellant argued that the prosecution must prove the case against an accused person beyond a reasonable doubt, citing the case of STATE V. JOHN (2013) 12 NWLR (PT. 1368) PAGE 337 PAGE 355 and Section 138 of the Evidence Act.

    Counsel submitted that there was no evidence of a woman called Binta Mohammed by anyone who knew her and that the Appellant denied that he set the house of the deceased ablaze because he met her with another man.

    Counsel further submitted that it is trite that since the Appellant’s statement was recorded in the Hausa language, the recorder and interpreter of the statement must be called upon to testify, otherwise, the statement remains hearsay evidence and therefore inadmissible.

    He cited the case of BELLO VS. COP (2018) 2 NWLR (PT. 1603) PAGE 267 @ PAGE 320 PARAS D. Also, the statement was recorded in English but the Appellant does not speak English and he made his statement in Hausa.

    The essence of producing the Hausa version of the statement of the Appellant before it was translated into the English language is to determine the veracity of the English version as produced vis-a-vis the purported confessional statement made by the Appellant. The case of NWALI VS. THE STATE (1991) 3 NWLR (PT. 182) PAGE 663 was cited.

    Counsel argued that Respondent was unable to prove that the Appellant burnt a house, that the house was a dwelling house, or that the deceased was in the house and died in the house, or that the person who died is Binta Mohammed, or that it was the Appellant that was responsible.

    Also, the prosecution failed to call the landlady of the alleged burnt building, the neighbour of the deceased and the district head who qualify as vital witnesses in this case.

    On the offence of culpable homicide, counsel submitted that the Respondent, though saddled by law with the responsibility to prove all the ingredients of the offence, was unable to do that from the totality of the testimonies of the prosecution’s witnesses. The ingredients of the offence were not proved, as none of the witnesses linked the Appellant to the death of the deceased.

    On exhibits 2A – 2D, photographs of the crime scene and the body of the deceased, counsel submitted that it was not the maker of the photographs who tendered them in evidence. As such, they should be regarded as documentary hearsay.

    Finally, counsel urged the Court that the multiple doubts and shortcomings in the case of the prosecution should be resolved in favour of the Appellant. The case of AUDU VS. STATE (2016) 1 NWLR (PT. 1494) PAGE 557 was cited and relied on.

    RESPONDENT’S SUBMISSION

    Arguing the issue, counsel for the respondent submitted that the totality of the evidence adduced by the Respondent was sufficient evidence for the trial Court to convict and sentence the Appellant and that a trial Court can convict an accused person on a confessional statement once it is satisfied of the truth. The case of MAHMUD VS. STATE (2016) LPELR – 41372 PAGE 25 – 26 PARAS A – B was cited in support.

    Counsel argued that the recording and interpretation of Exhibits 1 and 1A are direct, positive, and unequivocal and were given without any force or intimidation and undue influence from the police.

    It was argued that it would be prejudicial to the case of the Respondent for the Court not to admit evidence of an interpretation done by a member of the police force since it can be tendered by any other member in whose presence the recording was made.

    Counsel submitted that a retracted confessional statement does not affect the admissibility of the statement but rather it affects the probative value to be attached to the statement. The case of MOHAMMED VS. THE STATE (2019) LPELR – 46420 was cited in support.

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    It was submitted that the testimonies of PW1 and PW2 of visiting the crime scene and seeing the razed house and the burnt body of the deceased is enough independent evidence to corroborate the admitted confessional statements of the Respondent, therefore the conviction of the Appellant was right in law

    On the count of committing mischief by fire, counsel submitted that the count was established by proving that the accused committed the mischief, the mischief was committed by fire or an explosive substance and the mischief destroyed and damaged a property.

    It was argued that the Respondent proved the offence of culpable homicide punishable with death against the Appellant by showing and proving that the Appellant burnt down the room of the deceased, causing her death.

    Concluding, counsel submitted that the totality of evidence adduced by the Respondent was sufficient evidence for the trial Court to convict and sentence the Appellant for the offences he was charged with. Counsel urged the Court to disallow the appeal.

    RESOLUTION OF THE SOLE ISSUE

    Resolving the sole issue, the Court, relying on the case of SALAU VS. STATE (2019) LPELR – 48114 (SC) (PP. 4 PARAS. C), per Abba-Aji, J.S.C. and Section 337 of the Penal Code, established the ingredients of the offence of causing mischief by fire viz:

    (1)The accused committed a mischief.

    (2)The mischief was committed by fire or explosive substance.

    (3) It resulted in the destruction of a building/property.

    (4) The place destroyed must have been a place of worship, human dwelling or custody or property.

    Applying the above to the instant case, the Court held that the Respondent was able to prove the last three ingredients of the offence, to wit, that the mischief was committed by fire or explosive substance; it resulted in the destruction of a building/property; and the place destroyed was a place of worship, human dwelling or custody or property.

    The Court, however, noted that the Respondent did not successfully establish through its witnesses, the first ingredient, which is that the Appellant was the actual person who committed the offence.

    None of the prosecution witnesses had any background knowledge as to who actually committed the offence of mischief by fire. None of the prosecution witnesses stated what the Appellant used to start the fire and neither were they able to solidly establish their assertion that the deceased was the girlfriend of the Appellant.

    Also, the PW1 and PW2, police officer who visited the scene of crime, never started how the Appellant was linked to the crime, who apprehended him and if he was found at the crime scene.

    The PW1 and PW2 even failed to establish the identity of the deceased through credible evidence. The Court therefore held that the Respondent failed woefully to prove the guilt of the Appellant through the testimony of their witnesses and the evidence tendered.

    Having held that the Respondent failed to prove the guilt of the Appellant, the Court stated that all that was left was to consider the confessional statement of the Appellant in establishing his guilt, which confessional statement was relied solely upon by the trial Court in convicting the Appellant.

    On this, the Court stated that before an accused can be said to be convicted based on his confessional statement, the prosecution must have proved the ingredients of the offence for which he was charged.

    The Court stated that the confessional statement must be corroborated by satisfying the tests laid down in the cases of OZARE UBIERHO VS. STATE (2005) 7 MJSC 168 and ALAO VS. THE STATE (2019) 17 NWLR (PT. 1702) 501 which are:

    1. Is there anything outside the confessional statement to show that it is true?

    2. Is it corroborated?

    3. Are the relevant statements of facts made in it most likely to be true as far as they can be tested?

    4. Is his confession possible?

    5. Is it consistent with other facts which have been proved? This corroboration was lacking in the instant case.

    The Court held that corroboration was lacking in the instant case.

    On the issue of the statement of the Appellant which was recorded in Hausa and later translated to English language, but was not tendered in evidence by the same police officer who recorded it.

    The Court relied on the cases of KALIMBO VS. STATE & ANOR (2020) LPELR – 50540 (CA) (PP. 19 – 23 PARAS. E); NWAEZE V. THE STATE (1996) 2 NWLR PART 428 P.1 AT P.20; and FRN VS. USMAN (2012) 8 NWLR (PT. 1301) P. 141 AT 159 – 151 to hold that the failure of the Prosecution to call the interpreter who translated and recorded the testimony of the Appellant from Hausa language to English language is very fatal to their case. It is a mandatory condition that must be satisfied.

    On the issue of the failure of the Respondent to call vital witnesses which include the neighbour of the deceased, the landlady of the house that was burnt down, the village head of the place and even the Investigating Police Officer who recorded the confessional statement of the accused in Hausa and translated same to English, the Court held that the Respondent’s failure to call the above listed vital witnesses was fatal to their case.

    See the cases of OCHIBA VS. STATE (2011) 17 NWLR (PT. 1277) PAGE 663 AT 696 PARAS A – B; and STATE VS. NNOLIM & ANOR (1994) LPELR – 3222 (SC).

    HELD

    The Court held that the Respondent failed to establish the guilt of the Appellant. The appeal was therefore meritorious and same was allowed.

    Appearances:

    Olalekan Bade-John Esq.  

    For Appellant(s)

    M. P. Danjuma, Esq.                                                              

    For Respondent(s)

    Compiled by LawPavilion.

    SALISU v. STATE

    CITATION: (2023) LPELR-60428(CA)

    In the Court of Appeal

    In the Kaduna Judicial Division

    Holden at Kaduna

    ON FRIDAY, 26TH MAY, 2023

    Suit No: CA/K/250/C/2020

    Before Their Lordships:

    AMINA AUDI WAMBAI

    Justice, Court of Appeal

    MOHAMMED BABA IDRIS

    Justice, Court of Appeal

    MUSLIM SULE HASSAN

    Justice, Court of Appeal

    Between

    IBRAHIM SALISU

     -Appellant(s)

    And

    THE STATE

    – Respondent(s)

     Leading judgment delivered by

    Mohammed Baba Idris, J.C.A.

  • Two face theft charge

    Two men — Dare Olasupo and Tosin Feyisetan —  who allegedly impersonated workers of Chubyzion Nigeria Ltd to collect a parcel, were yesterday arraigned at an Ota Magistrates’ Court in Ogun State.

    The accused, Olasupo, 26 and Feyisetan, 33, whose addresses were not provided, are facing a three-count charge of conspiracy, impersonation and stealing.

    Prosecutor Chudu Gbesi told the court the accused allegedly committed the offences with others at large on April 24, at a post office in Ota.

    He alleged the accused impersonated and forged identity cards of Chubyzion Nigeria Ltd workers, attempting to collect a parcel containing six iPhones, worth N400,000 belonging to the company.

    “The accused attempted to steal the parcel sent from Atlanta, U.S., before they were apprehended.’’

    The offences contravene sections 467, 484 and 516 of Criminal Law of Ogun, 2006.

    The duo pleaded not guilty.

    Senior Magistrate G. E. Akan granted them bail at N100,000 each with two sureties.

  • Monarchs charge lawmakers on democracy dividends

    Traditional rulers in the four local government areas of Akoko in Ondo State have enjoined politicians in the area to contribute meaningfully to the development of the area. They urged  all legislators from the area at national and state levels to work hard to make the lives of the people better. The monarchs called on the lawmaker representing Akoko North East/West Federal Constituency in the National Assembly, Stephen Olemija, to bring more dividends of democracy to the constituents.

    Among the monarchs  in attendance were the Olukare of Ikare and Chairman of Ondo State Council of Obas, Oba Akadiri Momoh, Olubaka of Oka,Yusuf Adeleye, Zaki of Arigidi -Oba Yisa Olanipekun, Olusupare of Supare, Oba Kalasi Adedeji and others. They acknowledged various challenges facing the people of Akoko, especially infrastructure and impassable roads,urging influential indigenes to assist.

    Olemija, while speaking with reporters at the forum, appreciated the traditional rulers,describing them as custodian of values in the land. The lawmaker, who is the former Chairman, Akoko Northeast, said he had been identifying  with the people as their representative, stressing that if he becomes a Senator, he would not sit tight in Abuja. He said he had sponsored three bills in the lower chamber to better the lot of his people.

  • Lagos to increase land use charge

    Lagos to increase land use charge

    A bill to review the current land use charges in Lagos State went through second reading at plenary yesterday.

    Christened A Bill for A Law To Repeal The Land Use Charge Law 2001 and Enact Land Use Charge 2017 and For Connected Purposes, it was committed to the Ad Hoc Committee on Finance, led by Yinka Ogundimu.

    Speaker Mudashiru Obasa said the bill was about increasing revenue generation.

    Obasa noted that a few consultants working with the government on collection of land use charges was not good enough.

    The Speaker called for an increase in the number of consultants.

    He said: “We need more consultants to do the job so that the state could be covered in the collection of land use charges.

    Whatever tribunal that would be set up to deal with offenders should have the support of the government.

    “On the issue of exemptions, we cannot exempt religious organisations because most of the worship centres are making money. We could only exempt non-governmental organisations (NGOs).”

  • 24-year-old faces theft charge

    A 24-year-old man, Pakute Oseni, has been arraigned at an Iyaganku Chief Magistrates’ Court in Ibadan, Oyo State, for allegedly stealing a vehicle, worth N4.5 million.

    News Agency of Nigeria (NAN) reports that Oseni, of no fixed address, was in court on charges of conspiracy and stealing.

    The prosecutor, Folake Ewe, told the court that Oseni and others at large, allegedly conspired to steal the vehicle.

    She said Oseni was alleged to have stolen a Lexus Sport Utility Vehicle (SUV), registered as AGL 553 DX, valued at N4.5 million.

    Ewe said: “The offences were committed on January 23, 2016 at 8 pm, at Alarere, on new Ife Road, Ibadan, where the car was parked.”

    She said the offences were contrary to Section 383 and punishable under Section 390 (9) (10A) of the Criminal Code Cap 38, Vol. II, Laws of Oyo State, 2,000.

    The defendants pleaded not guilty.

    Chief Magistrate Mrs. Jejelola Ogunbona granted the defendant bail at N100, 000 with two sureties.

    She adjourned the case till January 31 for hearing.

  • 63-year-old faces N7.5m fraud charge

    A 63-year-old man, Anthony Ekpelu, who allegedly obtained N7.5 million on the pretence of selling plots, has appeared at an Igbosere Magistrates’ Court in Lagos.

    The accused, whose address was not given, is facing a two-count charge of obtaining by false pretence and stealing.

    The prosecutor, Friday Mameh, told the court that the accused committed the offences between 2008 and 2011 in Okota, Lagos.

    He alleged that the accused fraudulently obtained N7.5 million from the complainant, Stephen Ojo, under the guise of selling three plots to him, but failed to do so.

    Mameh said the plots were located on Ogombo Road, Shangotedo, Eti-Osa, Lagos.

    “Ekpelu had sold the land to someone else before reselling it to the complainant. The first buyer came to lay claim on the land when the complainant started developing it,” he said.

    The prosecutor, who alleged that the accused stole the money, added that the offences contravened sections 287 and 314 of the Criminal Law of Lagos State, 2015.

    The accused pleaded not guilty.

    The Magistrate, Mrs. Abimbola Komolafe, granted the accused bail at N500, 000 with two sureties.

    She said the surety must be employed and show evidence of tax payment to the Lagos State government.

    Komolafe adjourned the case till December 12 for mention.

  • Rider faces N225,000 theft charge

    A 26-year-old commercial motorcyclist, Peter Ogunbiyi, has been arraigned at an Ikeja Magistrates’ Court in Lagos State for allegedly stealing a motorcycle, valued at N225,000.

    Ogunbiyi, who lives at 5, Matogun Road, Ogun State, on Lagos-Ibadan Expressway, is facing a two-count charge of conspiracy and stealing.

    The accused denied the charges.

    The prosecutor, Victor Eruada , told the court that the accused and others at large, committed the offences on August 9 at Olusesi bus stop, Iju Ishaga, a Lagos suburb.

    He alleged that the accused stole the motorcycle, property of the complainant, Mr. Jagun Fatai, from where it was parked at night.

    “The accused was caught by a security guard.”

    The offences contravene sections 287 and 411 of Criminal Law of Lagos State, 2011.

    The Magistrate, Mrs. G. O. Anifowoshe, granted the accused bail at N200,000 with two sureties. and adjourned till September 19 for trial.

  • Student faces theft charge

    A 20-year-old student, Adeyemi Oluwatosin, was yesterday arraigned at an Ikeja Magistrates’ Court in Lagos for allegedly breaking into an apartment and stealing two phones worth N185,000.

    Oluwatosin, who lives at 46,Owodunni Street, Ilupeju, Lagos, was arraigned on a two-count charge of housebreaking and stealing.

    He pleaded not guilty.

    Police prosecutor Victor Eruada alleged that the accused committed the offences on June 15 at 67, Owodunni Street, Ilupeju, Lagos.

    He said the accused entered the apartment of the complainant, Mr.OrogeAbidemi, and stole an iPhone 6T valued at N17,000 and one BlackBerry valued at N15,000.

    “The accused was caught by the complainant’s neighbour and was apprehended.”

    The offences contravene sections 287 and 406 of the Criminal Law of Lagos State, 2015 (revised).

    The Magistrate, Mrs. G.O. Anifowoshe, admitted the accused to a bail of N100, 000 with two sureties and adjourned the case till September 21 for mention.

  • Man, 35, faces ‘rape charge’

    •Gets N1m bail

    A 35-year-old man, Godwin Stanley, who allegedly abducted a 15-year-old girl and defiled her, has been granted bail by a Surulere Chief Magistrates’ Court in Lagos.

    The Magistrate, Mr. Aro Lambo, granted the accused bail at N1million with two sureties in like sum.

    He said one of the sureties must be a property owner within the jurisdiction of the court, while other surety should be a community leader or a cleric.?

    The magistrate said the sureties should provide evidence of tax payment to the Lagos State government.

    Mohammed, who lives at Ajia Street, Ijeshatedo, Lagos, pleaded not guilty.

    The prosecutor, Anthonia Osayande, told the court that the accused committed the offences on July 22 in his home about 8:30a.m.

    She said the accused unlawfully abducted the 15-year-old girl out of the custody and protection of her parents with intent to have sex with her.

    Osayande alleged that the accused, who lived in the same compound with parents of the girl, called the girl out, pretending as if he wanted to send her on an errand.

    “After he discovered that parents of the girl had gone to work, he pushed her into his room and raped her.

    “The girl narrated the story to her parents, when they returned from work,” she alleged.

    The offences contravened sections 269 of the Criminal Law of Lagos State, 2015.

    The case was adjourned till October 10 pending the outcome of legal advice from the Director of Public Prosecution.

  • DisCos battle to recover unpaid fixed charge

    Electricity Distribution Companies (DisCos) are battling to recover huge unpaid fixed charge from defaulting customers.

    The Nation learnt that the DisCos are insisting on payment of the charge before customers recharge their meters.

    The customers were said to have  defaulted in fixed charge payment before its abolition last February 1.

    The DisCos’ managements have warned their officials not to recharge debtor-customers’meters  until they have paid.

    Most of the business units in Ikeja Electric (IK) visited by The Nation, showed that such customers have been barred from recharging their meters.

    A manager in Ponle Business  Unit of Ikeja Electric at Egbeda, Lagos, said power firms would ensure that the debts are paid before customers are allowed to recharge their meters.

    He said: “From the available information at our disposal, it is clear that a lot of customers were indebted to the power distribution companies. Of note is debt arising from non-payment of fixed charges.  There are two approaches of recovering fixed charges owed by customers. First, DisCos have factored the fixed charges into monthly bills they are issuing to customers every month. Secondly, firms are compelling customers to clear arrears of fixed charges they owe before they are allowed to recharge their meters.”

    He said power firms have ruled out the issue of concessions for customers that owe fixed charges, stressing that customers are under obligations to pay their debts.

    “Many customers have approached us for concessions on the issue of payment of fixed charges they owe before it was abolished by the government. However, we told them point blank that we cannot give them concessions. Energy business is different from trading in pepper and onion, in which you can go to the market and pile up your debts. The only way for the DisCos to grow is to collect all their debts,” he added.