MAIYAKI
V.
STATE

(2007) JELR 45839 (CA)    

Court of Appeal  ·  CA/J/185C/2005 ·  25 Apr 2007 ·  Nigeria
 · 
Other Citations
Maiyaki v. State [2008] 3 NWLR (Pt.1075)
Maiyaki v. State (2008) 3 NWLR (Pt. 1075) 429
CORAM
ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria AHMAD OLAREWAJU BELGORE Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
defence
learned trial judge
lower court
trial court
pw4
instant case
defence of accident
defence of accidental discharge
penal code
grievous bodily harm
pw2
omission of the accused
testimonies of the pw3
accused person
defence of self defence
security man
such evidence
advantage of the appellant
considered judgment
failure of the learned trial judge
leading judgment
records of this case
self defence
trial judge
cause of struggle
end of the trial
entire evidence
evidence of a witness
favourable testimonies of pw1
findings of the learned trial judge
following ingredients of the offence
following issues
guilt of an accused person
head points
intentional act of the appellant
material contradictions
principal state counsel
probable consequence of your act
prosecutions case
raise doubt
result of the appellant
reversal of the trial courts decision
testimonies of pw3
testimonies of the prosecution witnesses
testimony of the dw2
totality of the evidence
trigger of the gun
yobe state high court

BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The appellant, as accused was arraigned before the Yobe State High Court on the 18th October, 2004 on a charge of culpable homicide punishable with death which reads:

"That you, Alhassan Maiyaki, on or about the 7th day of June 2004 at about 07:30 hours around Texaco Filling Station at Potiskum Local Government Area which is within the jurisdiction of the Yobe State High Court of Justice did commit culpable homicide punishable with death in that you caused the death of one Habu Usman of Potiskun town by doing an act to wit you shot on his head with your rifle in the cause of struggle with others with the knowledge that his death would be the probable consequence of your act and you thereby committed an offence punishable under section 221 of the Penal Code."

The prosecution called four witnesses and tendered 3 exhibits, while the appellant/accused testified in his defence and called another witness. He also tendered 3 exhibits. At …

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