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(2018) JELR 109953 (CA)

Court of Appeal  •  CA/J/317C/2017  •  15 Nov 2018  •  Nigeria

Habeeb Adewale Olumuyiwa Abiru JCA Tani Yusuf Hassan JCA Boloukuromo Moses Ugo JCA


TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Borno State Maiduguri, delivered on the 30th day of May, 2017 by Hon. Justice A.M. Ali in Charge No.BOHC/MG/CR/01/2017. The appellant herein, was charged before the High Court Maiduguri (Trial Court) for the offence of culpable homicide punishable with death contrary to Section 221(b) of the Penal Code Laws of Borno State 1994. He pleaded not guilty and after the trial, he was convicted and sentenced to death. Dissatisfied with the judgment, he appealed to this Court. 

The facts as disclosed by the prosecution, show that the accused prior to the incidence told the deceased Aisha Abatcha and Fanta Abatcha that he has something to tell them and a secret to show them. When they went to his room to call him to come and tell them what he wanted to say, he told them to allow him finish watching the TV. When he finished watching the TV, he requested to know where their mothers…

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