MAEZE
V.
STATE

(2002) JELR 50927 (CA)    

Court of Appeal  ·  CA/K/25/2001 ·  5 Nov 2002 ·  Nigeria
CORAM
ISA AYO SALAMI, JCA (Presided) MAHMUD MOHAMMED, JCA BABA ALKALI BA'ABA, JCA (Read the Lead Judgment)
Core Terms Beta
appellant
evidence
trial
confessional statement
learned trial judge
reasonable doubt
accused person
learned counsel
trial court
pw2
ba'aba
evidence of pw3
issue no.
laws of the federation
a court
admission of the confessional statement
conclusion of the trial
confessional statement of the appellant
culpable homicide
deceased abu sani
lead judgment
prosecution’s case
respect of the offence
accuse person
admissibility of his statement
alleged offence
application of the learned counsel
company of others
conclusion of the learned trial judge
contention of the learned counsel
cpi ibrahim labaran
discovery of a corpse
evidence of pw2
father of abu sani
first accused person
identify of the deceased
katsina state high court
labaran ibrahim of central prison
leave of this court
notice of appeal
prosecution of the appellant
result of an objection
result of torture
rules of this court
said statement
satisfaction of the court
sufficient reason
unique opportunity
voluntary statement

BA'ABA, JCA (Delivering the Lead Judgment): The appellant, Chukwuemeka Maeze (Alias Emeka Agburu) was charged before the Katsina State High Court, along with two other persons, Frank and Azubuike Onoro, both at large with Culpable Homicide punishable with death contrary to section 221 of the Penal Code. The facts leading to the prosecution of the appellant as gathered from the record are that the first accused person now the appellant, together with two other persons now at large conspired together and took the deceased Abu Sani to a bush along Faru Village in Jibia Local Government, Katsina State where they killed him by tying a rope around his neck. After killing him they removed his genital organs, tongue and eyes. On 12/10/92 while one Abdullahi Lawal who testified as PW2 was at his farm, he perceived a smell which led him to a man’s deadbody.

He informed one Kabiru Dankakalu who also saw the corpse. Both of them later reported the matter to the village Head who testified as PW3.…

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