(1996) JELR 45907 (SC)    

Supreme Court  ·  SC.123/1995 ·  9 Jul 1996 ·  Nigeria
Other Citations
Babuga v. State (1996) 7 NWLR (Pt.460) 279 (1995-1996) All NLR 362
Babuga v. State (1996) 7 NWLR (Pt. 460) 279
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
kano high court
trial court
neighbour of the appellant
evidence of p.w.
medical reports
hand of the deceased person
state c.i.d.
big issue
report of the incident
damaging evidence
own brother
alhaji inda mudi mohammed
medical evidence
hearing of the appeal
following issues
yusuf mohammed
learned leading counsel
exhibit sb
deceased person
medical officer
court of appeal
kano state
trial judge
medical report
star prosecution witness
latter took p.w.
similar case
reverse gear
cause of death
existence of any fact
supreme court
light of the evidence of p.w.
second time
culpable homicide
elder brother
penal code law
evidence act
clear evidence
reason of any such disagreement
post-mortem examination
leading judgment

BELGORE, J.S.C. (Delivering the Leading Judgment): At the Kano High Court, the appellant was tried and convicted of culpable homicide punishable by death under section 221 of the Penal Code Law. The victim of the offence (hereinafter referred to as "the deceased") Mamuda Gambo, was a neighbour of the appellant and P. W. 1,Haruna Mohammed at Fagge, Kano. The prosecution's case at the trial Court is that on 13th October, 1989, along Hadejia Road, Kano at a beer parlour of a place called Lilly White Hotel, the P.W. 1 and the deceased were having some drinks and after a while the appellant, Alhaji Salisu Babuga came in and greeted them followed by his buying more drinks for them. Later, the appellant invited P. W. 1 and the deceased for a trip to Bagauda Lake Hotel on a "picknic", which the two seemed to have enthusiastically accepted. This was after the two had some beer to drink at Lilly White Hotel. The appellant. the P.W. 1 and the deceased entered into the appellant's car, driven by …

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