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YUSUF
V.
STATE

(2015) JELR 40351 (CA)

Court of Appeal 26 May 2015 Nigeria
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- The appeal is against the conviction and sentence of the appellant and two other accused persons for the offence of culpable homicide punishable with death. - The trial court found the accused persons guilty based on the evidence presente

Case Details

Suit Number:CA/K/376/C/2014
Judges:UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria HABEEB ADEWALE OLUMUYIWA ABIRU Justice of The Court of Appeal of Nigeria
Counsel:J.J Uman, Esq. appearing with him, Kalu Paul, Esq. For Appellant S.B Umar, Esq. (DPP) appearing with him, A. Umar, Esq., (CSC), Halima Lawal, Esq., (ACSC), Aminu Garba, Esq., (ACSC), Abu Umar, Esq. (SSC) and N. Galadima, Esq. (SC) For Respondent

ABDU ABOKI, JCA (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Justice, Katsina State delivered on the 12th day of May, 2014, by I.B. Ahmed, J. whereby the Appellant and two other accused persons were convicted and sentenced to death for the offence of culpable homicide punishable with death.

The lone head of charge against the Appellant and two other accused persons upon which they were convicted and sentence is adumbrated as follows:

THE CHARGE:

"That you (1) ABDULLAHI ALIYU (2) ABDULMUMINI BALA and (3) ABDULLAHI YUSUF all of Shamushalle village, via Birnin Magaji, Zamfara State, on or about the 22nd day of September, 2011 at about 001 hours while in company of others now at large, at Rugu forest, Safana Local Government Area of Katsina State, committed culpable homicide punishable with death in that you caused the death of Alh. Garba bello by doing an act to wit: Jointly beating and cutting him on the head and all over his body with sticks …

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