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(2021) JELR 109310 (CA)

Court of Appeal  •  CA/ABJ/CR/38/2021  •  10 Dec 2021  •  Nigeria

Abubakar Datti Yahaya, JCA Peter Olabisi Ige, JCA Kenneth Ikechukwu Amadi, JCA


ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Niger state in suit no: NSHC/KG/11C/2019, delivered on the 16th November, 2020.

The facts of this case are that:

The appellant was on the 23rd of June, 2017, alleged to have killed his mother, Ba'u Saadu and was therefore charged with culpable homicide punishable with death contrary to Section 221 of the Penal Code Law, Cap 94, Laws of Niger State, 1989 (as revised). The appellant upon arraignment pleaded not guilty to the charge. Thereafter, the prosecution opened its case and called two witnesses. It also tendered the confessional statement of the accused, which was admitted in evidence. The defendant on his part, testified as a sole witness for the defence and closed his defence. Having done that, both parties filed their respective final written addresses in the matter.

​Thereafter, the trial Court delivered its judgment convicting the appellant for the offence of…

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