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MOHAMMED RABO ALTINE
V.
THE STATE

(2024) JELR 114658 (SC)

Supreme Court 13 Dec 2024 Nigeria
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- The appellant was charged and convicted by the High Court of Kebbi State for culpable homicide punishable with death under section 221 of the Penal Code, for killing his father after a dispute over the sale of family cattle. - At trial, t

Case Details

Suit Number:SC/CR/993/2020
Judges:UWANI MUSA ABBA AJI, J.S.C. (Presided) ADAMU JAURO, J.S.C. (Read the Leading Judgment) CHIOMA EGONDU NWOSU-IHEME, J.S.C. OBANDE FESTUS OGBUINYA, J.S.C. HABEEB ADEWALE OLUMUYIWA ABIRU, J.S.C.
Counsel:Godwin Sunday Ogboji, Esq. (withhim, Vivian Ovie-Whiskey, Esq. and Theresa ChidimaMbagwu, Esq.) - for the Appellant Osita Solomon Mbamalu, Esq. (with fiat of the Attorney-General of Kebbi State) - for the Respondent

JAURO, J.S .C. (Delivering the Leading Judgment): This appealis against the judgment of the Court of Appeal, Sokoto Divisionwherein the appellant’s appeal against the judgment of the HighCourt Of Justice, Kebbi State convicting him for culpable homicidepunishable with death was dismissed.

Brief Facts Culminating in the Appeal

The facts upon which the appellant was prosecuted before the trial court, as can be gleaned from the evidence of the respondent's witnesses and the appellant’s confessional statements, are as follows: On 27th September, 2014, the appellant informed his father (the deceased) that he wanted to sell some of the latter’s cows so that he could get married, but his father told him to wait for his siblings to be around so that the whole family could discuss the matter. Later that day when the deceased went to rear his cows, the appellant stealthily followed him and killed him in the bush with a cutlass. Later, when the appellant’s brother saw him at home sitting alone, he…

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