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.…

MAEZE V. STATE

MAEZE
V.
STATE