USMAN
V.
STATE

(2014) JELR 39858 (SC)

Supreme Court · SC.95/2012 · 9 May 2014 · Nigeria

CORAM

WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria BODE RHODES - VIVOUR Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms ^Beta

judgment of the court of appeal

gongola state high court

trial court

judge of the high court of taraba state

facts of the case

learned justices of the court of appeal

judgment of the learned trial judge

adamawa state

application of the provisions of the said section

gongola state vide decree no.

case of culpable homicide

cause of death

conclusion of trial

learned trial judge haven

taraba states

evidence of pw1

time of the return of appellant

lower court

body of the deceased

penal code

reasonable doubt

appellant

oluoti j

trial judge

following day policemen

offence of culpable homicide

testimonies of the prosecution witnesses

requisite leave of the court

oluoti j.

compound of appellant

said lodge

provisions of section

leading judgment

23rd day of march

respondent s. harunna esq

court

appeal no. ca

accused person

gongola state

commencement of his decree

material contradictions

issues

evidence

body of aminatu

dead body

trial of such cases

decree no.

WALTER SAMUEL NKANU ONNOGHEN, JSC (Delivering the Leading Judgment): This appeal is against the Judgment of the Court of Appeal, Holden at Jos on appeal No. CA/J/127C/96 delivered on the 23rd day of March 2004 in which the court substituted a verdict of guilty of the offence of culpable homicide punishable with death under Section 221(a) of the Penal Code for that of the trial Court which on 23rd November, 1995 found appellant guilty of culpable homicide under Section 220(b) of the Penal Code and punishable under Section 224 of the same code and sentenced him to a term of 11 years imprisonment.

Appellant was charged on an information before the Gongola State High Court sitting at Jalingo with a count of culpable homicide punishable with death under Section 221(a) of the Penal Code to which appellant pleaded not guilty.

At the conclusion of trial, the matter was adjourned to 11th May, 1995 for Judgment which was, however, not delivered due to the fact that OLUOTI J. who heard the matte…

USMAN V. STATE

USMAN
V.
STATE