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NAZIRU AUWALU V. THE STATE

(2020) JELR 110446 (CA)

Court of Appeal  •  CA/KN/612A/C/2016  •  2 Jul 2020  •  Nigeria

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

Appearances
A. S. Gadanya, with him, A. A. Dabo, Usman Aliyu, M. K. Mustapha, J.H. Adamu and Y. M. Kurawa For the Appellant Ibrahim Mukhtar, A.G, Kano State, with him, S. A. Ma’aji, DPP, K. A. Hashim, SC, M.N. Faruk, SC and A. A. Bello, SC, all of Ministry of Justice, Kano State For the Respondent

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kano State delivered in Suit No K/27C/2012 by Honorable Justice A. T. Badamasi on the 25th of January, 2016.

​The Appellant, as the second accused person, was charged along with one other with conspiracy to cause death and culpable homicide punishable with death under Sections 97 and 221 (b) of the Penal Code of Kano State. The Appellant was alleged to have, with the one other and others at large, conspired to cause the death and to have caused the death of one Mustapha Abubakar on the 22nd of May, 2011 in Gwammaja Quarters in Dala Local Government Area of Kano State by stabbing him with knives on his chest and back with the knowledge that death would be the probable consequence of his act. The Appellant pleaded Not Guilty to the charge and the matter proceeded to trial. In the course of the trial, the Respondent called three witnesses and tendered exhibits…

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