Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



BAKARI
V.
STATE

(2021) JELR 108797 (CA)    

Court of Appeal  ·  CA/G/26C/2020 ·  2 Aug 2021 ·  Nigeria
CORAM
Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA

Ratio Decidendi

Core Terms Beta
appellant
death
evidence
iron rod
yakubu dalli
accused person
defence of self-defence
defence
death of the deceased
reasonable doubt
circumstantial evidence
penal code
trial court
grievous bodily harm
offence of culpable homicide
usman bakari
cause of death
lower court
exhibits b
gombe state
facts of the case
pw2
totality of the evidence
evidence of eyewitnesses
judgment of the high court of justice
notice of appeal
appellant guilty of the offence of culpable homicide
behalf of the appellant
best evidence
case of the prosecution
close of trial
confessional statement of an accused person
course of the argument
criminal cases
death of the deceased person
deceased yakubu dalli
e-g
english version of the appellant
entire evidence of the prosecution witnesses
final addresses of learned counsel
following reliefs
iron road
laid hold
learned counsel
position of the law
probable consequence of your act
respective counsel
said brief
single issue
testimonies of pw4

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice of Gombe State in Suit No. GM/40C/2018 delivered on 17th December, 2018, Coram: J.A. Awak, J. Therein, the Appellant was convicted for the offence of culpable homicide under Section 221 of the Penal Code and sentenced to death.

Succinctly, the facts of the case leading to the appeal are as follows: The Appellant was arraigned before the lower Court on a single count charge for the offence of culpable homicide punishable with death under Section 221 of the Penal Code. The Charge read as follows:

“That you, Usman Bakari, on or about the 5th day of March, 2016 at New GRA Gombe, Gombe State within the jurisdiction of this Honourable Court did commit the offence of Culpable Homicide punishable with death in that you caused the death of one Yakubu Dalli by stabbing him with an iron road (sic) which pierced through his ribs to his chest, with the knowledge that his …

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