MUSA
V.
STATE

(2013) JELR 34075 (CA)

Court of Appeal 5 Jul 2013 Nigeria
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- The appellant was convicted of culpable homicide punishable with death for stabbing his younger brother. - The appellant appealed the decision, claiming the lower court erred in considering his defenses of sudden fight, provocation, and s

Case Details

Suit Number:CA/J/333C/2007
Judges:RAPHAEL CHIKWE AGBO JCA OYEBISI FOLAYEMI OMOLEYE JCA PETER OLABISI IGE JCA
Counsel:G. S. Pwul, SAN with Bitrus Fwangshak Esq., M. Y. Danung Esq. F. Z. Kaatpo Esq. O. O. Ogbole For the Appellant; G. D. Fwomyon Esq. Deputy Director of Public Prosecution (DDPP) For the Respondent.

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): The Appellant was on 24th day of April 2002 arraigned before the High Court of Justice Plateau State (R. K. SHA-J) Holden at Jos charged with an offence of Culpable Homicide Punishable with death contrary to Section 221 of the Penal Code.

The particulars of the offence against the Appellant reads as follows:-

"THAT YOU DANLADI on or about the 2nd day of June, 1996 at Mangu within the Jos Judicial Division did commit Culpable Homicide Punishable with death in that you caused the death of one Solomon Musa, Male by doing an act to wit stabbing him with a knife on the stomach and chest the intention of causing his death and thereby committed an offence punishable under Section 221 of the Penal Code.

It is a pathetic case through the facts are straight the facts are straight forward. The Appellant of his own volition ran to Mangu Police Station on 2nd June, 1996 and reported that he had stabbed his younger brother Solomon Musa, M…

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