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ISMAIL
V.
THE STATE

(2008) JELR 46898 (CA)

Court of Appeal 3 Mar 2008 Nigeria
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- The appellant, Rabi Ismail, was charged with the offence of culpable homicide. - The appellant pleaded not guilty to the charge. - The prosecution called 9 witnesses, while the appellant testified in her own defense. - The trial judge fou

Case Details

Suit Number:CA/K/27/C/2006
Judges:BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria
Counsel:N. O. ISHOLA, ESQ, WITH O. O. ADEKORE, ESQ, O. O. ANTHONY, ESQ, T. A. ODUNLAMI, ESQ, AND S. M. ALHASSAN, ESQ For Appellant ALIYU UMAR, HON. ATIORNEY-GENERAL, KANO STATE, WITH HIM, S. B. NAMALLAM, D.P.P., Y.A. ADAMU, , A.D.P.P., AND M. B. DAN'AZUMI S.S.C., For Respondent
Other Citations:Ismail v. State (2008) 15 NWLR (Pt. 1111) 593

BABA ALKALI BA'ABA, J.C.A (Delivering the Leading Judgment): The appellant, Rabi Ismail, was arraigned before the High Court of Justice, Kano State, holden at Kano, charged with the offence of culpable homicide contrary to Section 221(b) of the Penal Code, Laws of the Kano State, 1991. The particulars of the offence charged are as follows:

"That you Rabi Ismaila on or about the 25th December 2002 at Rurum dam along Tiga Road did commit culpable homicide punishable with death in that you caused the death of one Auwalu Ibrahim (Alias Zazu) by doing an act to wit: drugging him by means of giving him a doped Eclairs sweet as a result of which the deceased lost consciousness and you later pushed him into the dam with the knowledge that death will be probable consequence of your act and you thereby committed an offence punishable under section 221(B) of the Penal Code....."

The appellant pleaded not guilty to the amended charge in her own words when she said at page 7 of the record of proce…

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