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ASABE ABDULLAHI V. THE STATE

(2012) JELR 34690 (CA)

Court of Appeal  •  CA/J/223C/2005  •  28 Jun 2012  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; CHIMA CENTUS NWEZE JCA; ABUBAKAR ALKALI ABBA JCA;

Appearances
P. S. Agabus Esq.; from Chambers of L. D. Nzadon For Appellant Chief M. A. Gangs Esq. For Respondent

Judgement

ABUBAKAR ALKALI ABBA, J.C.A. (Delivering the Leading Judgment): This is an appeal emanating from the Judgment of Justice T. Oluoti of the High Court of Justice Yola Judicial Division of Adamawa State, wherein the Appellant, Asabe Abdullahi was arraigned before that Court and charged with the offence of Culpable Homicide punishable with death contrary to Section 221 (b) of the Penal Code Law and punishable under same Section.

The Appellant was alleged to have caused the death of one Binta Isa (now deceased) by setting her dwelling house on fire while she was sleeping inside at night with the intention of causing her death.

The prosecution, in a bid to proof its case against the Accused, called 6 witnesses and tendered 5 five exhibits. The Appellant testified as the only witness for the defence.

The trial Court in its Judgment delivered on the 19th July, 2004 found the Appellant guilty as charged, convicted and sentenced her to death. Dissatisfied with the decision of the trial Court, t…

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