(2016) JELR 45885 (SC)    

Supreme Court  ·  SC.370/2014 ·  16 Dec 2016 ·  Nigeria
Other Citations
Abdu v. State (2017) 7 NWLR (Pt. 1564) 171
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MUSA DATIJJO MUHAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria
Core Terms Beta
trial court
lower court
defence of provocation
grounds of appeal
accused person
lone issue
confessional statement
learned trial judge
circumstantial evidence
judgment of the lower court
judgment of the trial court
leading judgment
learned justices of the lower court
body of the deceased victim
death sentence
evidence of pw1
extra judicial statement
likely consequence of his act
medical officer
reasonable doubt
second time
briefs of argument
burden of proof
cause of death of the deceased
criminal cases
criminal matter
dead body of the deceased victim
death of his wife binta
death of the victim
determination of the appeal
evidence act
high court
important reasons
judgment of court of appeal kaduna division
judgment of jigawa state high court of justice
judgment of the high court of jigawa state
local government of jigawa state
matchet cut
offence of culpable homicide
penal code of jigawa state
such issue
trite law

AMIRU SANUSI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the Judgment of Court of Appeal Kaduna division ("the Lower Court") delivered on 21st February, 2014 which affirmed the judgment of Jigawa State High Court of Justice (hereinafter called the trial Court)

The appellant was arraigned before the trial High Court on allegation of causing the death of his wife Binta, on 30th April, 2007 at Falgore village in Jahun Local Government of Jigawa State by matchetting her to death on the head, contrary to Section 221 of the Penal Code of Jigawa State.

At the trial, the prosecution called five witnesses and tendered some exhibits in order to prove its case, while the appellant did not give evidence or call any witness but instead, he rested his case on that of the prosecution/respondent.

Both parties at the end of the trial, waived their rights of address. In the end, the trial Court found the appellant guilty as charged and sentenced him to death.

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