ORJI-ABADUA JCA (Delivering the Lead Judgment): The facts preceding this appeal are that on 30 June 2005, the appellant was arraigned before the High Court of Katsina State sitting in Funtua, for causing the death of one Alhaji Garba Na Muri on 17 April 2004 at about 3:00p.m at Kadde Wakataba Doka village in Fiskari Local Government Area Katsina State, by cutting his head with an axe with the knowledge that death would be the probable consequence of his act and thereby committed an offence punishable with death under section 221 of the Penal Code. He pleaded not guilty to the charge which was read over and explained to him. The charge proceeded to trial during which the prosecution called five witnesses while the defence presented three, including the appellant himself. After the hearing and the addresses of counsel for the parties, the trial court evaluated the evidence and then found the appellant guilty as charged, and sentenced him to death, to be hanged by the neck until he is …
ALI
V.
STATE
(2011) JELR 53932 (CA)
Court of Appeal 27 May 2011 Nigeria
Case
Key Passages 24
BriefBot Summary
- The appellant was accused of causing the death of a person by cutting his head with an axe. - The trial court found the appellant guilty and sentenced him to death. - The appellant appealed the decision, raising several issues for conside
Case Details
Suit Number:CA/K/199/C/2009
Judges:T. N. ORJI-ABADUA JCA
JOSEPH TINE TUR JCA
OBANDE F. OGBUINYA JCA
Counsel:Chief U. A. Mbuko for the Appellant;
Ahmed Aliyu, Esq., State Counsel, M. O. J. Katsina State for the Respondent.
Other Citations:(2012) 7 NWLR (Pt. 1299) 209
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