(2005) JELR 45149 (CA)    

Court of Appeal  ·  CA/K/1/C/2004 ·  18 May 2005 ·  Nigeria
MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria OFR Justice of The Court of Appeal of Nigeria BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria ABUBAKAR ABDULKADIR JEGA Justice of The Court of Appeal of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria
Core Terms Beta
surface tank
learned trial chief judge
reasonable doubt
1st appellant
filling station
printed record
senior counsel
2nd appellants
counts charge
2nd appellant
penal code
public safety
evidence of the defence
alhaji bello usman buwai
none of the prosecution witnesses
sentence of the appellants
29th day of december
accused persons
cause of the fire
evidence of d.w.2
finding of the learned trial chief judge
fire outbreak
jurisdiction of this honourable court
learned counsel
petroleum product
sulaiman yusuf
trial chief judge
evidence of p.w.1
katsina state high court
means of petroleum explosion
29th day of october
action of the convicts
circumstantial evidence
criminal cases
culpable homicide
end of the case
facts of the case
fire disaster
joint notice of appeal
judgment of the katsina state high court
katsina state judicial division
likely consequence of your act
prosecuting counsel
respective defences
result of the unfortunate fire incident
said decision of the lower court
second appellant
sudden cause of the fire

BABA ALKALI BA'ABA, J.C.A: (Delivering the Leading Judgment): This is an appeal against the judgment of the Katsina State High Court, sitting at Katsina State Judicial Division, Katsina, delivered on the 29th day of October, 2003, by the learned, trial Chief Judge who found the appellants guilty on the three counts charge and sentenced them to various terms of imprisonment. The 1st and 2nd appellants were the 1st and 2nd accused persons arraigned before the Katsina State High Court, Katsina, on a three counts charge as follows:

"Count One:

THAT YOU (1) Alhaji Bello Usman Buwai and (2) Sulaiman Yusuf on or about the 29th day of December, 2000, near Kofar Yandaka in Katsina within the Jurisdiction of this Honourable Court committed culpable homicide not punishable with death by doing an act to wit: causing the death of

(1) Musa Sale,

(2) Salisu Usman

(3) Ibrahim Amadu

(4) Muhammed Mustapha; and

(5) Aminu Ali all of Katsina by unlawfully and recklessly dealing in, mishandling and disc…

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