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BITRUS
V.
STATE

(2025) JELR 115425 (SC)

Supreme Court 4 Jun 2025 Nigeria
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Case Details

Suit Number:Suit No. SC/CR/106/2022
Judges:JOHN INYANG OKORO, JSC, HELEN MORONKEJI OGUNWUMIJU, JSC., TIJJANI ABUBAKAR, JSC., HARUNA SIMON TSAMMANI, JSC, MOHAMMED BABA IDRIS, JSC.
Counsel:C.N. Nwokorie Esq. for the Appellant J.O. Kamalu Esq. for the Respondent

TSAMMANI, J.S.C. (Delivering the Leading Judgment): Before the Adamawa State High Court of Justice, sitting in the Yola Judicial Division, the appellant who was the 2nd defendant was arraigned, tried and convicted along with two other persons for the offences of criminal conspiracy and culpable homicide punishable with death. The offences are punishable under sections 97(1) and 221 of the Penal Code Law of Adamawa State. The judgment convicting the appellant was delivered on the 9th day of December, 2020. Unhappy with the judgment of the trial court, the appellant appealed to the Court of Appeal, Yola Division but in a judgment delivered on the 6th day of December, 2021, the appeal was dismissed. Being dissatisfied with the decision of the Court of Appeal, he has further appealed to this court.

The case of the prosecution against the appellant was that, he together with two other persons, in furtherance of a common intention, contrary to section 79 of the Penal Code, killed one Pastor …

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