Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108794 (CA)    

Court of Appeal  ·  CA/G/52C/2020 ·  2 Aug 2021 ·  Nigeria
Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA

Ratio Decidendi

Core Terms Beta
musa barde
confessional statement
culpable homicide
trial court
penal code law
saude musa
abubakar musa
audu musa
zainab musa
medical report
accused person
learned trial judge
cause of death of the deceased
confessional statement of the appellant
high court
high court of gombe state
offences of criminal conspiracy
photographs of the corpse of the deceased
position of the law
case of the respondent
decision of the trial court
direct evidence
gombe state
separate appeals
smoke of some herbs
3rd accused person
a. appeal no. ca
abubakar musa v
audu musa v
end of the trial
english version of the appellant
final addresses of counsel
findings of fact of the learned trial judge
following reliefs
guilt of an accused person
house of the appellant
illegal act
judgment of the high court of justice
police officer
registrar of the lower court
respective briefs of argument
respect of the case
said agreement
state v
sustained various degrees of serious injuries
three-count charge of conspiracy
trio of the appellant
various grounds

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This appeal is predicated on the judgment of the High Court of Justice of Gombe State in Suit No. GM/50/2015 between: The State v. (1) Saude Musa, (2) Audu Musa, and (3) Abubakar Musa, judgment delivered on 4th July, 2016 by J.A. Awak, J. Aggrieved by the decision of the trial Court, all three accused persons each filed separate appeals contesting the findings therein and complaining against the judgment on various grounds. Thus, this is a sister-appeal to the following two (2) appeals before this Court:

A. Appeal No. CA/G/54C/2020 between Audu Musa v. The State; and

B. Appeal No. CA/G/55C/2020 between Abubakar Musa v. The State.

​The trio of the Appellant herein (then 1st accused), Audu Musa and Abubakar Musa were arraigned and charged before the High Court of Gombe State in Charge No. GM/50/2015 for the same offences arising from the same incident. They were tried together before the same High Court and at the end of the …

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