(1972) JELR 40149 (SC)    

Supreme Court  ·  SC.136/1972 ·  27 Oct 1972 ·  Nigeria
Other Citations
(1972) All N.L.R 811 (1972) 10 S.C. 64
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
hassan makera
learned trial judge
15th november
3rd prosecution witness
4th prosecution witness
2nd prosecution witness
birnin kebbi hospital
culpable homicide
decision of the learned trial judge
fracture base of the skull
head injuries
head of hassan makera
learned counsel
medical evidence
penal code
police station
15th october
1st prosecution witness
accused strike
ample opportunity
available evidence
birnin kebbi
blow of considerable force
cause of hassan makera
correctness of the evidence of 3rd prosecution witness
cross-examination 2nd prosecution witness
evidence of 2nd prosecution witness
evidence of alu illo
evidence of a statement
evidence of dr. farhat mefed lodhi
evidence of the prosecution witnesses
following ground of appeal
grievous bodily harm
high court of the north-western state
ibro umaru
material facts
medical officer
mr. bashua
mr. kalgo
mr. m. a. bashua
original ground
police officer
relevant inquiry
result of shouts
scene of the incident
sole eye witness
t. o. elias
written report

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): The accused was at the High Court of the North-Western State held at Sokoto on 15th October, 1971, convicted of the culpable homicide punishable with death of one Hassan Makera on or about 15th November, 1970, contrary to Section 221(b) of the Penal Code. From that decision, he has now appealed to this court.

The material facts appear from the evidence of Alu Illo (3rd prosecution witness), the sole eye witness, who claimed to have seen the accused strike a blow of considerable force on the head of Hassan Makera with a stick. He said that, while driving away straying cattle at the scene of the incident, a cattle rearer came and held his gown, and that it was then that he saw the deceased arrive followed by the accused. He said that, without any argument between the two or any form of provocation offered by the deceased, the accused struck the latter a blow on the head with a stick. The 3rd prosecution witness said that, when the …

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