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YUSUF
V.
STATE

(2012) JELR 35101 (CA)

Court of Appeal 15 Mar 2012 Nigeria
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- This case involves an appeal from the judgment of the Kwara State High Court, where the appellant was convicted for multiple offenses including conspiracy to kidnap and culpable homicide. - The appellant, along with two other accused pers

Case Details

Suit Number:CA/IL/C.1/2011
Judges:IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria IGWE GEORGE MBABA Justice of The Court of Appeal of Nigeria OBANDE OGBUINYA Justice of The Court of Appeal of Nigeria
Counsel:Dr. Akin Onigbinde (with him, V. Ogiemwonyi (Miss)) For Appellant M. A. Oniye, Esq; ACSC, Ministry of Justice, Ilorin (with him, A. A. Akeukewe Esq, SSC) For Respondent

OBANDE OGUINYA, JCA: (Delivering the Leading Judgment): This appeal arose from the judgment of the Kwara State High Court, presided over by Hon. Justice Halima Saleeman, and delivered on 07/07/2009. In that judgment, the lower court convicted the appellant, along with another accused person, for the four offences he was charged with.

As can be garnered from the record of proceedings in the lower court, the appellant, Kamaru Yusuf, was arraigned, together with two other accused persons, Adebisi Adesakin and Salihu Oyewale, on a four-count information of criminal conspiracy to kidnap, criminal conspiracy to commit culpable homicide, kidnapping and culpable homicide punishable with death against one Omobolanle Moses punishable under sections 97, 274 and 221 of the Penal Code.

From the evidence on record, the facts of that case, leading to this appeal, are not complicated. The deceased, Omobolanle Moses, was an 8-year old little girl living with Rachael Oyelamin, the mother of Alimi Olanr…

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