(2021) JELR 108962 (SC)    
Supreme Court  ·  SC.321/2016 ·  12 Feb 2021 ·  Nigeria
Olabode Rhodes-Vivour Justice of the Supreme Court of Nigeria Musa Dattijo Muhammad Justice of the Supreme Court of Nigeria Helen Moronkeji OgunwumijuJustice of the Supreme Court of Nigeria Abdu Aboki Justice of the Supreme Court of Nigeria Emmanuel Akomaye Agim Justice of the Supreme Court of Nigeria
Core Terms Beta
trial court
confessional statement
circumstantial evidence
confessional statement of the appellant
lower court
reasonable doubt
evidence of pw1
grievous bodily harm
circumstances of this case
course of the trial
accused person
cause of death
death of the deceased person
laws of katsina state
lower courts
respondent’s counsel
appellant’s hausa statement
argument of the learned appellant
complete agreement
criminal cases
death of his wife rukayya zaharaddeen
decision of the court of appeal
decision of trial court
direct eye witness account
draft copy of the leading judgment
earliest opportunity
end of the trial
english translated version
esene emmanuel esq
high court of justice
judgment of the trial court
kaduna division of the court of appeal
katsina state
leading judgment
mere retraction of a confessional statement
only evidence
plea of the appellant
prosecution witness
said statement
sentence of the respondent
settled position of the law
specific findings
view of the learned respondent
voluntariness of the statement
voluntary confessional statement of guilt

HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of appeal (lower Court) sitting in the Kaduna Division of the Court of appeal (Coram: Isaiah O. Akeju, H.A.O. Abiru and O. A. Adefope-Okojie, JJCA.,) delivered on the 4th December, 2015 affirming the conviction and sentence of the Respondent passed by the High Court of Justice, Katsina State presided over by Hon. Justice Sanusi Tukur delivered on the 30th May, 2014 in suit No. KTH/8C/2012.

The facts that led to this appeal are as follows:

The Appellant was charged vide an amended CHARGE NO: KTH/8C/2012 dated 9th April, 2014. The Appellant was accused of causing the death of his wife Rukayya Zaharaddeen by hitting her on the chest with an axe with the knowledge that death would be the probable consequences of his act. He was charged with committing the offence under Section 221 of the Penal Code Law, Cap. 96, Laws of Katsina State, 1991.

The trial commenced before Hon.…

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