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YELLI
V.
STATE

(2022) JELR 110365 (SC)

Supreme Court 13 May 2022 Nigeria
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Case Details

Suit Number:SC.238/2017
Judges:Chima Centus Nweze JSC Amina Adamu Augie JSC Helen Moronkeji Ogunwumiju JSC Adamu Jauro JSC Emmanuel Akomaye Agim JSC
Counsel:L. Omolola Allison-Ikwuagwu, Esq. For the Appellant B. R. Gold, Esq. For the Respondent

AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): After a trial in which the Prosecution called four Witnesses, and the Appellant testified in his own defence, the Sokoto State High Court found the Appellant guilty as charged for causing the death of "Abubakar Magaji by hitting him with a stick on his head with knowledge that death will be a probable consequence"

He was, accordingly, convicted and sentenced to death for the offence of culpable homicide punishable with death. He appealed to the Court below, wherein he complained inter alia that the trial Court erred in law when it relied on his extra-judicial statement, which did not meet the requirement of the law, as laid down in Utuyorome v. State (2010) 43 WRN 162. But, in its judgment, delivered on 21/2/2017, the Court below held that "his appeal is moribund and lacks merit, and it is accordingly dismissed. The judgment of the High Court of Justice sitting at Sokoto and delivered on 28/4/2015 - - is hereby affirmed".

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