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 …

BAKARI V. STATE

BAKARI
V.
STATE