(2021) JELR 109203 (SC)    
Supreme Court  ·  SC.1018/2015 ·  20 Dec 2021 ·  Nigeria
Olukayode Ariwoola, JSC John Inyang Okoro, JSC Amina Adamu Augie, JSC Helen Moronkeji Ogunwumiju, JSC Tijjani Abubakar, JSC
Core Terms Beta
penal code
culpable homicide
defence of provocation
trial court
years imprisonment
time of the commission of the offence
accused person
offence of culpable homicide
sudden provocation
issue no.
power of self-control
years of age
findings of the court
determination of the appeal
discharge order
inter alia
leading judgment
learned justices of the court of appeal
loss of self-control
alleged confessional statement
alleged offence
conclusion of the trial
grounds of appeal
judgment of the court of appeal
katsina state high court
learned counsel
learned trial judge
prison term
6th day of october
addresses of both counsel
committed culpable homicide
deceased person's act
evidence of the respondent
following facts
following sole issue
gist of the case
human life
life sentence
material time
piece of evidence
probable consequence of your act
reasonable doubt
respective brief of arguments
right senses
said appeal
sole charge
use of an axe

OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal by the State against the judgment of the Court of Appeal, Kaduna division, Coram: Abba Aji) JCA (as he then was) Aboki, JCA (as he then was) and Abiru, JCA, delivered on 22/5/2015.

The respondent had been tried before the Katsina State High Court, sitting at Dutsin-ma on a sole charge dated 28/12/2005. The charge reads thus:

"That you, Murtala Da'u of Kasai village, Wagini District, Batsari Local Government Area of Katsina State, on or about the 6th day of October 2004 at the same address, committed culpable homicide punishable with death, in that you caused the death of one Lawal Musa by hitting him on the head with an axe with the knowledge that his death would be the probable consequence of your act and thereby committed an offence punishable under Section 221 of the Penal Code."

​At the trial Court, the respondent pleaded not guilty to the charge and the case proceeded to hearing. The gist of the case is …

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