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(2021) JELR 109574 (CA)

Court of Appeal  •  CA/KN/121C/2017  •  18 Jan 2021  •  Nigeria

Abubakar Datti Yahaya, JCA Habeeb Adewale Olumuyiwa Abiru, JCA Amina Audi Wambai, JCA


AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of Hon. Justice Amina Adamu Aliyu of the Kano State High Court delivered on the 28th day of October, 2016 in Charge No. K/83C/2015 wherein the Appellant was convicted of the offence of culpable homicide punishable with death contrary to Section 221 (a) of Penal Code and sentenced to death by hanging.

​The Appellant was alleged on the charge sheet to have on or about the 24th November, 2014 at about 08:00 hours caused the death of one MUKHTAR SUNUSI HASHIM by stabbing him with a sharp knife on his thigh, lap, and ankle with the intention of causing his death.

The Appellant pleaded not guilty to the charge. The matter proceeded to trial and the prosecution called five witnesses and tendered 5 Exhibits. The appellant called 3 witnesses but tendered no Exhibits.

At the conclusion of trial, written addresses were ordered. Upon reviewing the evidence and considering the written address of the Appel…

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