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THE STATE
V.
DANJUMA

(1997) JELR 45131 (SC)

Supreme Court 9 May 1997 Nigeria
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- The respondent was initially acquitted by the trial court due to lack of evidence and doubts about whether the accused caused the death. - The state appealed to the Court of Appeal, which convicted the respondent of a lesser offense and i

Case Details

Suit Number:SC.124/96
Judges:ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Counsel:Morris Odeh For Appellant Rotimi Oguneso (with him, Ahmed T. Uwais) For Respondent
Other Citations:State v Danjuma (1997) 5 NWLR (Pt.506) 512

U. MOHAMMED, JSC (Delivering the Leading Judgment): The respondent, Musa Danjuma, was arraigned before Ja'afaru J of Kaduna High Court for the offence of culpable homicide punishable with death, contrary to section 221(b) of the Penal Code. At the end of the trial the learned trial Judge found that the prosecution had failed to prove the essential ingredients of the offence charged and also that he entertained doubt as to whether death was caused by act of the accused, now respondent in this appeal. He found the accused not guilty and discharged and acquitted him.

The State appealed against the decision of the High Court to the Court of Appeal, Kaduna Division. After considering all the submissions made before it the Court of Appeal, per the lead judgment of Ibrahim Tanko Muhammad, JCA, allowed the appeal and convicted the respondent of the offence of culpable homicide not punishable with death, contrary to section 224 of the Penal Code.

The court sentenced him to a fine of ₦5,000.00…

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