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(2021) JELR 109509 (CA)

Court of Appeal  •  CA/YL/100C/2020  •  30 Mar 2021  •  Nigeria

Chidi Nwaoma Uwa, JCA Bitrus Gyarazama Sanga, JCA Jamilu Yammama Tukur, JCA


JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Taraba State in Case No. TRSJ/34C/2017, delivered by Honourable Justice HON JUSTICE J.F. AGYA, on 23rd July, 2019, against the Appellant.

The facts of the case which culminated in this appeal is that the Respondent upon complaint and investigation by the Police, acting on the belief that the Appellant intentionally caused the death of one Ali Gimba a boy of 4 years of age by slaughtering and cutting him into pieces, proffered a one count charge of culpable homicide punishable with death under Section 221 (a) of the Penal Code against the Appellant.

On arraignment, the Appellant pleaded not guilty and trial commenced. At close of trial, in a judgment delivered on 23rd July, 2019, the lower Court held that the Prosecution had failed to establish Appellant’s guilt beyond reasonable doubt, with regards to the offence charged, but relying on the provisions of Section 21…

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