(2015) JELR 40097 (SC)    

Supreme Court  ·  SC.14/2013 ·  5 Jun 2015 ·  Nigeria
Other Citations
Audu v. State (2016) 1 NWLR (Pt. 1494) 557
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria
Core Terms Beta
trial court
court of appeal
lead judgment
culpable homicide
lower court
trial judge
yakubu mohammed
entire proceedings
kogi state
learned justices of the court of appeal
mutatis mutandis
yakubu ahmed audu
accused person
accused persons
grounds of appeal
leading judgment
reasonable doubt
record of appeal
2nd accused
30th day of january
above judgment
advance judgment
count charge of criminal conspiracy
fair trial
full agreement
fuller reasons
ibrahim tanko muhammad
judge of the high court of justice
judgment of the court of appeal
judgment of the high court of justice
kogi state high court
names of counsel
olabode rhodes-vivour
prosecution case
respective counsel
rights of an accused person
sentence of the appellant
trial of the accused

KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The appellant was arraigned with Yakubu Mohammed on a two count charge of Criminal Conspiracy and Culpable Homicide punishable with death contrary to Sections 97(1) and 221(b) of the Penal Code. They pleaded not guilty to the charge and the prosecution called two witnesses to prove its case. The accused neither testified in person nor called any evidence for their defence. The trial Court found them guilty and sentenced them to death by hanging. They appealed to the Court of Appeal, Abuja but the appeals were dismissed. Each of the appellants then appealed to this Court. The appeal by the 2nd accused/appellant which is SC.15/2013 was heard and judgment delivered on 30th January, 2015. The appeal was allowed. The entire proceedings leading up to judgment, conviction and sentence of the appellant by the trial Court which was affirmed by the Lower Court was set aside and a re-trial ordered.

The judgment in Yakubu Mohammed v. …

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