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AMINU ADAMU v. THE STATE

(2014) JELR 36269 (CA)

Court of Appeal  •  CA/K/373/C/2013  •  18 Aug 2014  •  Nigeria

Coram
UWANI MUSA ABBA-AJI JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; AMINA AUDI WAMBAI JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Kaduna State High Court sitting in its Zaria Judicial Division in charge No KDH/Z/3C/2009 delivered by Honourable Justice Dogara Mallam on the 19th of April 2013. The Appellant was charged before the lower court with culpable homicide not punishable with death under section 224 of the Penal code. The Appellant was alleged to have caused the death of one Ibrahim Abdullahi on the 10th of October, 2007 at Royal Primary School, Tudun Jukun in Zaria Local Government Area of Kaduna State by stabbing the deceased on the chest with a cow horn with knowledge or having reason to know that death was a probable consequence of the act.

The Appellant pleaded not guilty to the charge and the matter proceeded to trial and in the course of which the Respondent called four witnesses while the Appellant called two witnesses. At the conclusion of trial, and after final addresses of counsel…

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