(2014) JELR 39830 (CA)    

Court of Appeal  ·  CA/J/233c/2012 ·  18 Feb 2014 ·  Nigeria
ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria CHIOMA E. NWOSU-IHEME Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
reasonable doubt
defence of self-defence
district head
accused person
lower court
defence of self defence
ibrahim gimba
son idi
brief of argument
culpable homicide
evidence of the defence witnesses
judgment of the bauchi state high court
judgment of the lower court
supreme court
cardinal conditions
deceased hit
great bodily harm
house of the deceased
ibrahim garba
none of the prosecution witnesses
totality of evidence
best approach
charge ba
circumstances of this case
court of appeal rules
deceased scream
deceased used cutlass
defence of the charge
direct attack
elder brother
end of the evidence of the witnesses
leading judgment
notice of appeal
penal code law of bauchi state
probable consequence of your act
prosecution shows
record of appeal
respondent mr. abdul muhammed
respondents notice
said ibrahim garba
support of the respondent
vide evidence of dw1
weight of evidence

ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Bauchi State High Court delivered on 19th October, 2012 in charge BA/09c/2010 Coram Judice, Sambo, J. Upon an application for leave to prefer a charge pursuant to Section 185 (b) of the Criminal Procedure Code Law of Bauchi State and upon same being granted on 28/02/2011, the Respondent was charged with Culpable Homicide punishable with death under Section 221 of the Penal Code Law of Bauchi State. The charge in full read thus:

"That you Mailumbo Adamu on 18/12/2008 at about 20.00hrs in Dagauda Village of Dambam Local Government of Bauchi State committed culpable Homicide punishable with death to wit: you stabbed one Ibrahim Gimba on the arm and chest knowing or having reason to know that death would be the probable consequence of your act, thereby committed an offence contrary to Section 221 of the Penal Code Law."

At the trial, 6 witnesses testified for the prosecution whi…

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