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USMAN
V.
THE STATE

(2013) JELR 35938 (SC)

Supreme Court 17 May 2013 Nigeria
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Case Details

Suit Number:SC.193/2010
Judges:MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria
Counsel:Nnamouso Etanem, Iniabasi Udobong. For Appellant Nuhu Adamu, (A.G. Sokoto), Zulai Bello Miss, Acting Director Legal Drafting, Maryam Attahiru, State Counsel II, Yahaya Abubakar State Counsel II For Respondent

MARY UKAEGO PETER-ODILI, JSC (Delivering the Leading Judgment): The Appellant is a native of Haragawa Village in Illellah Local Government Area of Sokoto state and was married to the deceased Salamatu Habibu. The marriage was contracted in 1992. On or about the 17th February, 1995, the deceased left their matrimonial home purportedly to fetch water and proceeded to her parent's home. Mediation efforts to reconcile the couple faired. On or about the 11th of March, 1995, the deceased died of injuries inflicted on her with the allegation on the Appellant to have caused her death. He was charged before the High Court Sokoto for culpable homicide punishable with death under Section 221 of the penal Code. The Appellant was tried and convicted of the charge and sentenced to death by the Honourable Justice D. B. Sambo on the 16th May, 2006 and in dissatisfaction, Appellant appealed to the Sokoto Division of the Court of Appeal hereinafter also called the Court below. That court on the 8th Apr…

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