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MUSA ABUBAKAR v. THE STATE

(2010) JELR 42140 (CA)

Court of Appeal  •  CA/S/116c/09  •  21 May 2010  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; AHMAD OLAREWAJU BELGORE JCA; MASSOUD ABDULRAHMAN OREDOLA JCA;

Judgement

MUSA DATTIJO MUHAMMAD, J.C.A (Delivering the Leading Judgment): The Appellant was charged and convicted under Section 221(a) of the Penal Code by the Kebbi State High Court, Karatu J. presiding, for causing the death of one Iliyasu Musa on or about the 28th day of January, 2006 within the trial court's jurisdiction. The facts of the case that brought about this appeal are briefly stated at once.

Following Appellant's arraignment and plea of not guilty to the charge that was read and explained to him, the Respondent called five witnesses and tendered five Exhibits to prove their case. PW5, Sgt Emmanuel Jaborie of the crime branch of the Argungu Divisional office of the Nigeria Police, headed the first team of police men that investigated the case of culpable homicide against the Appellant following a report at about 8.30 am on 29th January, 2006. They immediately proceeded to the scene of crime at Basharal Ukullahi filling station along Birnin Kebbi road Argungu wherefrom they retriev…

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