(2022) JELR 109148 (CA)    
Court of Appeal  ·  CA/KN/459/C/2019 ·  14 Jan 2022 ·  Nigeria
Habeeb Adewale Olumuyiwa Abiru, JCA Abubakar Muazu Lamido, JCA Usman Alhaji Musale, JCA

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kano State delivered in Suit No K/117C/2013 by Honorable Justice A. R. D. Mohammed on the 30th of June, 2014.

​The Appellant was charged with culpable homicide punishable with death under Section 221 (b) of the Penal Code of Kano State. The Appellant was alleged to have caused the death of one Isah Abdu on the 18th of May, 2013 at Walagigi Village in Warawa Local Government Area of Kano State by stabbing him with a knife with the knowledge that death would be the probable consequence of his act. The Appellant pleaded Not Guilty to the charge and the matter proceeded to trial. In the course of the trial, the Respondent called five witnesses and tendered exhibits in proof of its case against the Appellant and the Appellant testified as the first defence witness, and called another person as the second defence witness in his defence. At the conclusion of trial…

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