Customer Support

MUSA
V.
THE STATE

(2009) JELR 46550 (SC)

Supreme Court 3 Jul 2009 Nigeria
BriefBot icon

BriefBot Summary

Free

- This is an appeal against the conviction and sentence of the appellant for culpable homicide punishable with death. - The appellant was charged with causing the death of the deceased by stabbing him with a knife. - The trial court found t

Case Details

Suit Number:SC.323/2006
Judges:MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria OLUFUNMILOLA OYELOLA ADEKEYE Justice of The Supreme Court of Nigeria
Counsel:Mr. G.S. Paul with him P.B. Kyetek For Appellant Mr. J. S. Okutepa with him M.A. Tsua Dominic Onunagbo, I. Agwu and L. A. Samba For Respondent
Other Citations:Musa v. State 3-7-2009 (2009) 15 NWLR (Pt. 1165) 467 S.C.

J. A. FABIYI, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Jos Division delivered on 6th July, 2006 in which the appellant's appeal against his conviction and sentence to death by hanging by the trial High Court of Justice of Borno State holden at Maiduguri on 24th February, 1994 was affirmed.

At the trial court, the appellant was arraigned for the offence of culpable homicide punishable with death contrary section 221 (b) of the Panel Code. The charge reads as follows:-

"That you Gambo Musa on or about 25th of July, 1998 at Gwange 11 primary school in Gwange ward Maiduguri Metropolitan Area did commit culpable homicide punishable with death in that you caused the death of Umaru Alhaji Idrisa by doing an act to wit: you brought out a knife and stabbed Umaru Idris on the chest when you know or had reason to know that death was the probable and not only likely consequence of your act and thereby committed an offence punishable und…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.