Position of the Law Regarding the Offence of Accusation of Witchcraft

CASE TITLE: MUSA v. STATE (2025) LPELR-81818(SC)

JUDGMENT DATE: 13TH JUNE, 2025

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: MOHAMMED LAWAL GARBA, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Offence of Culpable Homicide Punishable With Death and Trial by Ordeal.

FACTS:

This appeal is against the judgment of the Court of Appeal, Gombe Division affirming the judgment of the High Court of Gombe State.

On 28th February, 2014, Musa Barde (the deceased), Zainab Musa (PW4), Idris Sambo (PW6), and two (2) other persons were accused of bewitching Baddiyya Usman and Elesha Mabudi. In order to prove the allegation against PW6, they were invited by the Appellant, who is a native doctor, in collaboration with Audu Musa (the Appellant’s son), one Abubakar Musa and other persons at large. The Appellant and the co-accused persons subjected the deceased, PW4 and PW6, to an unlawful trial by ordeal, tied their hands and legs behind their backs with ropes, tortured them and forced them to inhale the smoke of some herbs and pepper poured into a bowl of burning charcoal, compelling them to confess to the allegation of witchcraft. The ordeal lasted for about two days, during which the deceased, PW4 and PW6, were denied food and water, despite pleas by the deceased, who was an old man, that they be given food and water. On 2nd March, 2014, the deceased succumbed to injuries sustained from the unlawful trial by ordeal, while PW4 and PW6 sustained various degrees of life-threatening injuries.

The Appellant, alongside Audu Musa and Abubakar Musa, was charged with offences of criminal conspiracy, trial by ordeal and culpable homicide punishable with death contrary to Sections 97, 214(b) and 221 of the Penal Code, respectively. The Appellant pleaded not guilty to the charges. In the course of the trial, the Respondent called nine (9) witnesses and tendered six (6) exhibits. In her defence, the Appellant testified as DW5 and called four other witnesses.

At the conclusion of the trial, the trial Court found the Appellant and the 2nd accused person (Audu Musa) guilty of all three counts and sentenced them to death by hanging for the offence of culpable homicide punishable with death. The 3rd accused person (Abubakar Musa) was found guilty of only counts one and two and sentenced to ten years’ imprisonment and six months’ imprisonment, respectively.

Aggrieved by the decision of the trial Court, the Appellant appealed to the Court of Appeal, Gombe Division. The Court below in its judgment affirmed the judgment, conviction and sentence of the trial Court.

Dissatisfied, the Appellant brought the instant appeal.

ISSUE(S) FOR DETERMINATION:

The Court determined the appeal on this issue:

Whether the lower Court rightly affirmed the conviction and sentence of the Appellant by the trial Court.

DECISION/HELD:

In the final analysis, the appeal was dismissed.

RATIOS:

• CRIMINAL LAW AND PROCEDURE- CRIMINAL TRIAL/PROCEEDINGS: Position of the law as regards trial by ordeal
• CRIMINAL LAW AND PROCEDURE- OFFENCES RELATING TO TRIAL BY ORDEAL, WITCHCRAFT AND JUJU: Statutory provision regarding the offence of accusation of witchcraft
• CRIMINAL LAW AND PROCEDURE- OFFENCES RELATING TO TRIAL BY ORDEAL, WITCHCRAFT AND JUJU: Ingredients that must be proved to establish the offence of trial by ordeal
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CULPABLE HOMICIDE: Meaning of culpable homicide; when same will be punishable by death
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: Meaning of conspiracy and how it can be inferred; ingredients the prosecution must prove to establish the offence of conspiracy
• CRIMINAL LAW AND PROCEDURE- PRINCIPLE OF CAUSATION: What the eggshell skull principle entails
• EVIDENCE- BURDEN OF PROOF/STANDARD OF PROOF: Burden and standard of proof required to prove an allegation of the commission of a crime

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