judy.legal
Login Register

SULE AHMED (ALIAS EZA) v. THE STATE

(2001) JELR 44270 (SC)

Supreme Court  •  SC.27/2001  •  14 Dec 2001  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; ANTHONY IKECHUKWU IGUH JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

AYOOLA JSC (DELIVERING THE LEADING JUDGMENT): The appellant, Sule Ahmed (Alias Eza) was on 1st August 1997 convicted by Ajanah, J. sitting at the Okene Division of the High Court of Kogi State of the offence of Culpable Homicide punishable with death under section 221 of the Penal Code. He was sentenced to death by hanging. His appeal to the Court of Appeal from his conviction was dismissed by that court on 26th October 1999. He has now appealed to this court from the decision of the Court of Appeal.

The charge against the appellant was that on or about 31st day of March 1996 at Idogido Area, Okene, in Okene Local Government Area, he committed culpable homicide punishable with death in that he caused the death of Momoh Jimoh Isiaka by "firing a gun at his head with the intention of causing his death." By section 220 of the Penal Code, the offence of culpable homicide is committed where a person causes death:

"(a) by doing an act with the intention of causing death or such bodily injury …

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login