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EX-PC VINCENT ACHUKU
V.
THE STATE

(2023) JELR 112318 (SC)

Supreme Court 15 Dec 2023 Nigeria
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Case Details

Suit Number:SC/464/2015
Judges:KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC MOHAMMED LAWAL GARBA, JSC IBRAHIM MOHAMMED MUSA SAULAWA, JSC TIJJANI ABUBAKAR, JSC EMMANUEL AKOMAYE AGIM, JSC
Counsel:Okey Uzoho, Esq. with Ferdinand Onukwube, Esq. and Chukwudi Offia, Esq. for the appellant. M. T. Nyiutsa, Esq. for the Respondent.

TIJJANI ABUBAKAR, JSC (Delivering the Leading Judgment): This appeal is against the Judgment of the Court of Appeal Makurdi Division, delivered on the 7th day of March, 2014, affirming the conviction and sentence to death by hanging of the Appellant by the High Court of Justice Benue State, delivered on the 31st day of May, 2007 for culpable homicide punishable with death under section 221 of the Penal Code. The Appellant was arraigned on the 29th day of March, 2006 before the High Court of Justice Benue State on a two Count charge of Culpable homicide punishable with death under section 221 of the Penal Code, and demanding gratification contrary to section 115  of the Penal Code.

The facts of the case as can be garnered from the records, are that; on the 2nd day of March, 2005 the Appellant was an integral part of a police team, from B Department, operations and training, Makurdi, Benue State, tasked to conduct stop and search duty around the Savanna Bus Stop, Low Level Roundabout, Wu…

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