(2018) JELR 38753 (CA)    

Court of Appeal  ·  CA/YL/145C/2017 ·  11 Jul 2018 ·  Nigeria
OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Core Terms Beta
exhibit b
accused person
defence of the appellant
testimony of the appellant
reasonable doubt
director of public prosecutions
evidence act
evidence of pw2
statement of the appellant
act of the appellant
case file
exhibit keeper
police officer
cross examination
culpable homicide
learned director of public prosecutions
lone issue
record of appeal
act of the accused person
burden of proof
case of culpable homicide
cause of death of that person
charge homicide cases
claim of the learned director of public prosecutions
confessional statement of the appellant
criminal trial
doctrine of last scene
evidence of pw1
exhibit room
facts of the case
following charge
general principle of law
high court
high court of taraba state
leading judgment
local government of taraba state
mr. johnson
murder weapon
police exhibit b
present evidence
recording of the statement of an accused person
said tawe shaa
statement of offence
statement room
trial judge

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 28th March, 2017 in the High Court of Taraba State holden at Takum.

The Appellant was convicted and sentenced to death by the High Court (the Court below) on the following charge:


Culpable homicide punishable with death under Section 221(a) of the Penal Code.


That you ELINA SHIDE on or about 30th of October, 2013 at Bawuro Village Takum Local Government of Taraba State within the Takum Judicial Division, committed an offence of culpable homicide punishable with death, to wit: with the intent to cause death you inflicted fatal injuries on the head, face and right hand of LYDIA SHIDE with a cutlass and there caused her death instantly.

The facts of the case for the Respondent at the Court below are contained in the evidence of the only two witnesses called by the Respondent. The evidence of PW1 and PW2 is at pages 20 to 21 and 22 23 of the…

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