UMAR
V.
STATE

(2014) JELR 36588 (SC)

Supreme Court 27 Jun 2014 Nigeria
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- The appellant was convicted and sentenced to death for culpable homicide. - The appellant appealed the decision to the Court of Appeal, which affirmed the conviction. - The main issue in the appeal was whether the appellant's act of causi

Case Details

Suit Number:SC.186/2011
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
Counsel:Nnamonso Ekanem Esq., with him Iniabasi Udobong Esq.Joseph Inyang Esq. For Appellant Nuhu Adamu A-C Sokoto State with Mrs. Helen Dickson Esq. For Respondent

MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Sokoto Division hereinafter called the lower court. The latter court unanimously dismissed the appeal by the appellant herein and affirmed the judgment of the trial court which convicted the appellant and sentenced him to death. There are therefore two concurrent decisions of the two lower courts.

CHARGE

"That you Abdullahi Umar on or about 2355hrs at Emir Yahaya Road Sokoto judicial Division did commit the offence of culpable homicide punishable with death in that you caused the death of one Jamilu Muhammed by stabbing him with a scissors on the chest with the knowledge that his death would be the probable and not only likely consequence of your act and thereby committed an offence punishable under section 221 (b) of the Penal code".

The accused person, now Appellant, pleaded not guilty to the charge. It was stated in the record of proceedings…

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