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NASIRU
V.
STATE

(2017) JELR 37243 (CA)

Court of Appeal 6 Oct 2017 Nigeria
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- This is an appeal against a judgment of the High Court of Sokoto State in a culpable homicide case. - The appellant was charged with culpable homicide punishable with death under Section 221 (b) of the Penal Code. - The appellant challeng

Case Details

Suit Number:CA/S/48C/2016
Judges:HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Counsel:Dr. West Idahosa For Appellant Al-Mustapha Abubakar, Esq.(ADPP-MOJ Sokoto State) For Respondent

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the High Court of Sokoto State delivered on 19th December 2014, by the Hon. Justice Malami Umar Dogon Daji.

The Appellant was charged with culpable homicide punishable with death under Section 221 (b) of the Penal Code.

The Appellant pleaded not guilty to the charge on 19th December, 2013. In proof of its case, the prosecution called Six witnesses comprising of Sgt. Ahmed Abubakar (PW I), Ibrahim Isa (PW 2), Nura Rabiu (PW 3), Ali Quasimu Adamu Garawa (PW 4), PC Abdullahi (PW 5) and Sgt. Danjuma Giwa (PW 6).

In the course of the trial, the appellant challenged the admissibility of his extra-judicial statement made to the Police on the ground that it did not reflect the statement he made, which the trial Court overruled and admitted in evidence reasoning that the issue raised concerning the statement goes to weight and not admissibility.

The Appellant opened his defence on 18th September, 2014…

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