Whether the Assessment of Credibility of Witnesses Is Within the Exclusive Preserve of the Trial Court

CASE TITLE: BABAYO v. PEOPLE OF GOMBE STATE (2025) LPELR-82510(CA)

JUDGMENT DATE: 10TH NOVEMBER, 2025

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on criminal law and procedure.

FACTS:

The Appellant wanted to take a jerrycan to go and fetch water from the stream, only to discover that the jerrycan was leaking. The leakage was said to have been occasioned by the use which his younger brother put the jerrycan to. The Appellant was displeased. The Appellant’s father got involved, and in the ensuing altercation, his father hit him with a stick, whereupon the Appellant used a knife he had with him to stab his father on the head and in the back. His father later died from the stab wounds inflicted on him by the Appellant.

It is on this set of facts that the Appellant was prosecuted before the High Court of Gombe State for the offence of culpable homicide punishable with death in CHARGE NO. GM/40C/2022: THE PEOPLE OF GOMBE STATE vs. IBRAHIM BABAYO. At the end of the trial, the trial Court held that the offence charged was proved beyond reasonable doubt. It convicted the Appellant as charged and sentenced him to death. The Appellant was dissatisfied with the judgment of the lower Court, and he appealed against the same.

ISSUE(S) FOR DETERMINATION:

The issue considered was whether from the totality of evidence led at the trial, the learned trial Judge was right in holding that the Respondent proved the guilt of the Appellant beyond reasonable doubt and that the defences of self-defence and provocation did not avail him?

DECISION/HELD:

The appeal was dismissed.

RATIOS:

• APPEAL- INTERFERENCE WITH EVALUATION OF EVIDENCE: Duty of trial Court to evaluate evidence and ascribe probative value to same; when an Appellate Court will/will not interfere
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CULPABLE HOMICIDE PUNISHABLE WITH DEATH: Ingredients of the offence of culpable homicide punishable with death; whether same must be proved conjunctively
• CRIMINAL LAW AND PROCEDURE- DEFENCE OF SELF-DEFENCE: Nature of the plea of self-defence; conditions that must be established for a successful plea of self-defence
• CRIMINAL LAW AND PROCEDURE- DEFENCE OF SELF-DEFENCE: What an accused must establish to avail himself of the defence of self defence
• EVIDENCE- CAUSE OF DEATH: Circumstances where cause of death can be inferred
• EVIDENCE- CREDIBILITY OF WITNESS: Whether the assessment of credibility of witnesses is within the exclusive preserve of the trial court
• JUDGMENT AND ORDER- JUDGMENT OF COURT: How judgments should be read

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