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DAGAYYA
V.
STATE

(2006) JELR 49437 (SC)

Supreme Court 27 Jan 2006 Nigeria
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- The appellant was convicted of culpable homicide punishable by death under section 221(b) of the Penal Code after fatally attacking the deceased with a machete, as witnessed by his 14-year-old granddaughter (PW1), who provided the only ey

Case Details

Suit Number:SC. 14/2005
Judges:SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Counsel:Abubakar Malami, Esq For Appellant Suleh Umar, Esq. For Respondent
Other Citations:Dagayya v. State (2006) 7 NWLR (Pt.980) 637, (2006) JELR 56537 (SC)

TOBI, JSC (Delivering the Leading Judgment): This is yet another murder appeal. Like most murder cases, the facts are pathetic, traumatic, and revealing not necessarily because human life was taken but because of the circumstances and the way it was taken.

Let me briefly tell the story as accepted by the learned trial Judge. Sabuwa Muhammed was the deceased. PW1, Gambo Muhammed, was the granddaughter of the deceased. She was 14 years old at the time of the incident. She gave evidence as an eyewitness. This is what she said in examination-in-chief.

She saw the appellant running towards her, her grandmother (the deceased) and one Abba. The appellant asked the deceased to stop and she stopped. He further instructed the deceased to go back to Gidan Gamji village but the deceased refused; telling the appellant that she did not leave anything there to collect and that she would not go back.

The appellant performed his mission. He cut the deceased on her hand with a machete. Not satisfied,…

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