(1992) JELR 50563 (SC)    

Supreme Court  ·  SC.159/1990 ·  18 Sep 1992 ·  Nigeria
Other Citations
Sharfal v. State (1992) NWLR (Pt. 255) 510 (1992) 9 SCNJ 1
Sharfal v. State (1992) 7 NWLR (Pt. 255) 510
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOHA OGWUEGBU Justice of The Supreme Court of Nigeria
Core Terms Beta
criminal procedure code
accused persons
court of appeal
learned trial judge
presiding judge
brother ogwuegbu
plea of the appellant
provisions of section
trial court
accused person
borno state
criminal trial
grounds of appeal
laws of northern nigeria
senior counsel
accused nos
criminal procedure code law
leading judgment
notice of appeal
1st accused
accused speaks hausa language
appeal show
briefs of argument
circumstances of this case
civil rights
court of trial
criminal cases
decision of kuyatsemi
decision of the court of appeal
e. o. ogwuegbu
face of the record
high court of borno state
learned justices of the court of appeal
learned trial judge of the proceedings
leave of this court
m. l. uwais
offence of culpable homicide
penal code cap
plea of the person
pleas of such persons
proper plea
reason of his plea
record of appeal
said appeal
sufficient cause

E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant and five others were charged before the High Court of Borno State in the Potiskum Judicial Division with the offence of culpable homicide punishable under Section 221(b) of the Penal Code Cap.89. Laws of Northern Nigeria, 1963.

The appellant was the third accused in the court of trial. He and the 1st accused Inusa Na Yalwa were convicted of the offence and sentenced to death by hanging.

Both of them appealed against their conviction and sentence. The Court of Appeal (Jos Division) dismissed their appeals and confirmed the decision of Kuyatsemi, J.

Dissatisfied with the decision of the Court of Appeal, the appellant, - Yawale Sharfal appealed to this court. No notice of appeal was filed on behalf of Inusa Na Yalwa but at page one line 50 of the appellant's brief it is recorded that the 1st accused - Inusa Na Yalwa had since died in prison.

The notice of appeal dated 22nd July, 1991, was filed on 23rd July, 1991 wi…

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