ABATCHA V. STATE

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court of Borno State in Suit No. BOHC/MG/CT10/2019 delivered on 11th December, 2019 by A.M. Ali, J.

The facts leading to the Appeal are briefly as follows: On 2nd April, 2019, five (5) armed men attacked one Mallam Modu Bulu in his home with a gun and killed him. In the course of the attack, a cattle rearer working with the deceased, one Zarami, was also shot in the leg and sustained injuries. Upon police investigations, the Appellant was arrested while four other persons were said to be at large. The Appellant was subsequently arraigned before the High Court of Borno State for the offence of abetment and culpable homicide not punishable with death under Sections 85 and 224 of the Penal Code. The Appellant pleaded not guilty.

​In proof of the charge, the Respondent adduced evidence through seven (7) witnesses, documents being Exhibits ST1 and ST1A (extrajudicial statements of…