(2018) JELR 38805 (CA)    

Court of Appeal  ·  CA/A/201C/2013 ·  26 Mar 2018 ·  Nigeria
ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
trial judge
evidence of pw2
confessional statement
exhibit a
reasonable doubt
issue no.
accused person
federal housing authority junction
oral confession
statement of the appellant
appellate court
evidence act
evidence of pw1
favour of the appellant
offence of culpable homicide
admissibility of exhibit a
appellant shot
conclusion of his evidence
decision of the high court of the fct abuja
deliberate effort
direct evidence
documentary evidence
end of the trial
evidence of a witness
exhibit a. after pw1
facts of the case
finding of the trial judge
inspector of police
kubwa abuja fct
leading judgment
learned counsel
official ak rifle no.
opposing party
oral evidence of pw1
part of the record of the trial court
piece of evidence
prosecution show
record of appeal
second ingredient of the offence
utter dismay

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This appeal arose from the decision of the High Court of the FCT Abuja, delivered on the 14th February 2011, wherein the appellant was convicted of the offence of culpable homicide, and sentenced to death.

The one count charge against the appellant reads:-

"That you Obanla Julius 'M' 35 years old of No. 180 FHA, Kubwa Abuja FCT on or about 23rd May 2002 at along Kubwa/Zuwa Express Way FCT within the Abuja Judicial Division did shoot and kill one Shagari Haruna with your official AK Rifle No. 47 NO-KO-358303 and thereby committed an offence contrary to Section 220 of the Penal Code and Punishable under Section 221 of the same Laws."

The facts of the case as led by the prosecution show that the appellant was posted on duty to AP Filling Station adjacent to the Federal Housing Authority junction black spot, on the fateful night. He left his duty post and went to the Federal Housing Authority junction black spot. When an Inspec…

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