(2000) JELR 44171 (SC)    

Supreme Court  ·  SC.157/1999 ·  14 Apr 2000 ·  Nigeria
Other Citations
Mohammed v. State (2000) 12 NWLR (Pt.682) 596 (2000) 4 S.C (Pt II) 157
ADOLPHOUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
learned trial judge
only appellant
cause of death
trial court
leading judgment
appellant yahaya shuaibu
accused persons
bodily injury
production of the murder weapon
local government area of kano state
said issues
following day
likely consequence of his act
learned d.p.p. of kano state
sufficient evidence of cause
conviction of the appellant
grounds of appeal
eye witness accounts of pw
yandoji village
mohammed garba
penal code
right conclusion
culpable homicide
medical officer
probable act
objective test
m.d. belgore
testimonies of pw
1st accused
intentional act of injury
determination of the appeal
karibi whyte jsc
southern part of the road
kano state
proper issues
ordinary cause of nature
wrestling match
torch lights
considered judgment
mandatory requirement
said accounts
circumstance of this case

MOHAMMED, J.S.C (Delivering the Leading Judgment): Mohammed Garba is the only appellant in this appeal. He was convicted jointly with Yahaya Shuaibu and Ibrahim Audu of criminal conspiracy, contrary to Section 97 and punishable under Section 22(b) of the Penal Code. On appeal to the Court of Appeal the conviction for the offence of conspiracy was quashed. The appellant Yahaya Shuaibu and Ibrahim Audu were discharged and acquitted of that offence. The conviction of the appellant under section 221(1) for culpable homicide punishable with death was however confirmed. Hence this appeal.

The facts as given by the prosecution were narrated briefly as follows:

There was a wrestling contest at Yandoji Village in Wudil Local Government Area of Kano State. The deceased, Usman Audu who hailed from Wanbantu Village attended the contest. He was at that time in company with Sule Dantsoho who gave evidence during the trial as PW 1 and Dantsoho Salau. PW2. During the contest, the deceased wrestled w…

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