SAHALATU SHAZALI V. THE STATE

A. G. O. AGBAJE, J.S.C. (Delivering the Leading Judgment): The appellant, Sahalatu Shazali, was arraigned in a Kano High Court on a charge of culpable homicide punishable with death under section 221(a) of the Penal Code and, in the alternative, on a charge of mischief by fire with intent to destroy a house punishable under section 337 of the same Penal Code. The case was tried by Fernandez, J. The prosecution led evidence in support of the offences alleged to have been committed by the appellant. The appellant led no evidence at all for the defence. In short, the defence rested its case on the evidence adduced by the prosecution.

The learned trial Judge in his judgment delivered on 9th August, 1984 found the appellant guilty of culpable homicide punishable with death as charged, and, accordingly sentenced her to death. No verdict or sentence was returned by the learned trial Judge on the alternative charge of mischief by fire. Nothing turns on this on this appeal. So I will say nothi…