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(2022) JELR 109897 (CA)

Court of Appeal  •  CA/K/288/C/2019  •  21 Sep 2022  •  Nigeria

Ita George Mbaba JCA Boloukuromo Moses Ugo JCA Abubakar Muazu Lamido JCA


BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): The facts of this case, as presented by the prosecution before the trial judge, are that at about 10.00pm on the 8th day of May, 2015, P.W 1, 2 and 3 and one Abdullahi Abubakar, now deceased, all of Basama Village in Wudil Local Government Area of Kano State, were seated at a borehole in their village when the appellant, his co-accused at the trial, Abdullahi Yalwa, and one Basoso Guda who is still at large, all also of the same Basama village, came and fetched water from the said borehole. After fetching the water, appellant’s group, it was said, were cautioned by the deceased and his group for screaming/shouting - an act said to have been prohibited by their Ward Head. An altercation then ensued between the two groups following which appellant and his group left only to return shortly. Upon their return, the second accused, Abdullahi Yalwa, fought with P.W.1 (Bala Haliru) while appellant and Basoso fought the deceased,…

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