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JAMES AFOLABI v. THE STATE

(2016) JELR 37017 (SC)

Supreme Court  •  SC.181/2012  •  22 Apr 2016  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC MARY UKAEGO PETER-ODILI JSC MUSA DATTIJO MUHAMMAD JSC JOHN INYANG OKORO JSC AMIRU SANUSI JSC

Judgement


JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division wherein the Court below upheld the judgment of the Kogi State High Court sitting at Lokoja in which the appellant was convicted and sentenced to death for the offence of culpable homicide punishable under Section 221(b) of the Penal Code.

The record of appeal shows that the Appellant was arraigned on a single count charge of culpable homicide punishable with death contrary to Section 221(b) of the Penal Code, Laws of Northern Nigeria. The prosecution called a total of three witnesses who gave evidence of the death of one Abubakar Mohammed. In the course of the trial, the prosecution witnesses tendered four negatives and four pictures of the deceased corpse and same were admitted in evidence as Exhibits A1-A4 and B1-B4 respectively. A post mortem examination was conducted on the deceased and the result of the autopsy was admitted in evidence as Exhib…

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