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ATIKU
V.
STATE

(2001) JELR 52798 (CA)

Court of Appeal 27 Nov 2001 Nigeria
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- The appellants were charged before the Katsina State High Court with the offence of culpable homicide punishable with death under section 221 of the Penal Code of Katsina State, relating to the death of Dayyabu Abdullahi following a group

Case Details

Suit Number:CA/K/104/C/2001
Judges:ISA AYO SALAMI, JCA (Presided) MAHMUD MOHAMMED, JCA (Read the Lead Judgment) JOSEPH JEREMIAH UMOREN, JCA
Counsel:J. B Daudu SAN (with him, Z. Bello) - for the Appellants. -*- Saibu Iliyasu (State Counsel, Katsina State) - for the Respondent.

MOHAMMED, JCA (Delivering the Lead Judgment): This appeal is against the ruling of the Katsina State High Court of Justice delivered by Saulawa J. sitting at Dutsin-Ma on 7/3/2001 refusing to release the applicants on bail pending their trial by the same court. The applicants were charged before the High Court with an offence of culpable homicide punishable with death under section 221 of the Penal Code of Katsina State. The charge which is at page 1 of the record of this appeal reads:-

“That you (1) Shafiu Atiku, (2) Bello Bello, (3) Saidu Najume, (4) Ali Adamu, (5) Sada Mamman, (6) Abdurraman Usamatu, and (7) Dan Maikudi Aliyu all of Maidabino village in Dan Musa Local Government Area of Katsina State on or about the 22nd day of November, 1999 at the same address within the jurisdiction of this Honourable Court committed culpable homicide punishable with death by doing an act to witengaging one Dayyabu Abdullahi in a fight in which you jointly beat him, with the knowledge that his …

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