Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AHMED
V.
THE STATE

(2001) JELR 44270 (SC)    

Supreme Court  ·  SC.27/2001 ·  14 Dec 2001 ·  Nigeria
 · 
Other Citations
Ahmed v. State (2001) 18 NWLR (Pt.746)622 (2001) 12 S.C (Pt.I) 135
CORAM
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
abundant evidence
person causes death
trial judge
prosecution witnesses
court of appeal
evidence of the witness pw1
medical report
learned counsel
cause of his death
deceased person
leading judgment
existence of other facts
medical evidence of the cause of death
death of momoh jimoh isiaka
decision of the court of appeal
offence of culpable homicide
said death
cause of death
direct evidence of the cause of death
such bodily injury
ayoola jsc
medical evidence
death
penal code
circumstantial evidence
leading judgment of the court
medical report of the autopsy
okene division of the high court of kogi state
circumstances of the attack
criminal trial
said leading judgment
reasonable doubt
act of the accused person
31st day of march
following terms
alleged contradictions
finding of fact
material discrepancies
appellant
conclusive evidence
direct evidence
evidence
cause of death of a person
deceased man
medical doctor
issue of uncertainty
case
sufficient evidence
leading judgment of the court musdapher
culpable homicide

AYOOLA JSC (DELIVERING THE LEADING JUDGMENT): The appellant, Sule Ahmed (Alias Eza) was on 1st August 1997 convicted by Ajanah, J. sitting at the Okene Division of the High Court of Kogi State of the offence of Culpable Homicide punishable with death under section 221 of the Penal Code. He was sentenced to death by hanging. His appeal to the Court of Appeal from his conviction was dismissed by that court on 26th October 1999. He has now appealed to this court from the decision of the Court of Appeal.

The charge against the appellant was that on or about 31st day of March 1996 at Idogido Area, Okene, in Okene Local Government Area, he committed culpable homicide punishable with death in that he caused the death of Momoh Jimoh Isiaka by "firing a gun at his head with the intention of causing his death." By section 220 of the Penal Code, the offence of culpable homicide is committed where a person causes death:

"(a) by doing an act with the intention of causing death or such bodily injury …

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