(2021) JELR 109222 (CA)    
Court of Appeal  ·  CA/KN/27A/C/2020 ·  12 Nov 2021 ·  Nigeria
Oyebisi Folayemi Omoleye, JCA Habeeb Adewale Olumuyiwa Abiru, JCA Usman Alhaji Musale, JCA

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kano State delivered in Suit No. K/2C/2010 by Honorable Justice Sulaiman Baba Namallam on the 30th of September, 2019.

The Appellant, as the fourth accused person, was charged along with six others with conspiracy to cause death and culpable homicide punishable with death under Sections 97 and 221 (b) of the Penal Code of Kano State. The Appellant was alleged to have, with the six others, conspired to cause the death and to have caused the death of one Tukur Abubakar on the 9th of August, 2008 in Sheka Quarters in Kano by stabbing him with sharp objects and pelting him with pieces of blocks and sticks with the knowledge that death would be the probable consequence of his act. The Appellant pleaded Not Guilty to the charge and the matter proceeded to trial.

In the course of the trial, the Respondent called six witnesses and tendered exhibits in proof of it…

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