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GALADIMA
V.
STATE

(2013) JELR 36067 (CA)

Court of Appeal 8 Feb 2013 Nigeria
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- The appellants were charged with culpable homicide at the Jigawa State High Court and were found guilty and sentenced to death by hanging. - The appellants appealed, raising issues including whether they had a pre-conceived idea to kill t

Case Details

Suit Number:CA/K/142/C/2010
Judges:DALHATU ADAMU JCA ITA G. MBABA JCA HABEEB A. ABIRU JCA
Counsel:OTUNBA SANYA OGUNKUADE ESQ. with him FATIMA OJO (Mrs.) For the Appellant; SULEH UMAR ESQ. (DCL) with him SABO SULAIMAN KIYAWA ESQ.(CSC); HUSSAINI ABDULLAHI ESQ (ACSC) and M.A. LAMIN ESQ. (PSC) For the Respondent.

ITA G. MBABA J.C.A (Delivering the Leading Judgment): Appellants, with two other persons, were accused person in charged No. IDU/21C/96 at the Jigawa State High Court, presided over by Hon. Justice A. S. Tahir. They were tried for Culpable Homicide, offence punishable by death and at the close of the case for the prosecution; the learned trial Court discharged the 4th and 5th Accused persons, leaving the 3 Appellants to defend themselves. At the close of the entire trial the Court found them guilty, and sentenced them to death by hanging, pursuant to section 221 (b) of the Penal Code Law.

Appellants could not pursue their appeal until their case was assigned to the Chambers of A. S. Mukhtar and Co, by the Attorney General of the Federation, under the prison Decongestion Programme of the Federal Government.

Appellants filed their Notice of Appeal, upon being granted leave to do so by this Court, on 4/3/2010, and disclosed 8 grounds of Appeal, as PER PAGES 57 to 63 of the Record of Appe…

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