(1976) JELR 46252 (SC)    

Supreme Court  ·  SC.383/75 ·  4 Jun 1976 ·  Nigeria
Other Citations
MAMMAN & 3 ORS v. THE STATE (1976) 6 S.C. (REPRINT) 77
DARNLEY ARTHUR RAYMOND ALEXANDER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria
Core Terms Beta
2nd appellant
learned trial judge
2nd accused
mamman dan-hashi
penal code
3rd appellant
4th appellant
4th appellants
5th accused
circumstantial evidence
culpable homicide
material time
trial court
10th day of june
1st appellant
3rd accused
abetment of culpable homicide
death of alhaji tudu
deceased alhaji tudu
reliable evidence
3rd appellant ahmadu dan-alu
appellant isa mamman
appellant mamman dan-hashi
appellant mamman dan mai-karfi
brain injury
charge of culpable homicide
close of the trial
criminal procedure code
d. a. r. alexander
evidence of mu
evidence of the prosecution witnesses
findings of fact
following injuries
junior brother of the 2nd appellant
learned acting deputy solicitor-general
overwhelming evidence
overwhelming evidence of the eye-witnesses of the incident
physical injury
post-mortem examination
present case
said offence
sons of the 2nd appellant
wadaya village of gwadabawa district
written report of the state pathologist

D. A. R. Alexander, C.J.N. (Delivering the Leading Judgment): The four above-named appellants were tried in the High Court of the former North-Western State holden at Sokoto before Uthman Mohammed, Acting Judge, on a charge of culpable homicide punishable with death under Section 221(b) of the Penal Code. The particulars of the offence were that on or about the 10th day of June, 1973 in a farm at Wadaya Village of Gwadabawa District within the North-Western Judicial Division they committed culpable homicide punishable with death by causing the death of Alhaji Tudu by beating him with axes and sticks with the knowledge that his death would be the probable consequence of their acts.

The learned trial Judge found the 1st appellant Isa Mamman, the 3rd appellant Ahmadu Dan-Alu, and the 4th appellant Mamman Dan Mai-Karfi, guilty of culpable homicide punishable with death contrary to Section 221(b) of the Penal Code and convicted them accordingly and sentenced them to death. He further found…

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