ANAS DAHIRU V. THE STATE

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Lead Judgment): This is the judgment in respect of the appeal filed by the Accused (now Appellant) in case No ZMS/GS/18C/2020 delivered on 6/12/2023.

The appellant was charged before the lower Court as follows:

“That you Anas Dahiru ‘M’ of Unguwar Dallatu Area Gusau on 23/11/2017 at about 15:25hrs had misunderstanding with one Shamsu Ibrahim ‘M’ of the same address over the sum of One hundred Naira (N100), as a result, you used sharp knife and stabbed him on his chest, a development that led to his death on the spot and thereby committed an offence punishable under Section 221 of the Penal Code”

The charge was read and explained to the accused who pleaded not guilty to the charge.

After hearing the parties, the learned trial Judge found as follows:

“I believe the evidence of PW1 and PW3 and that of ASP Jafar Muhammad who came to Court and testified as PW2 in the trial within trial conducted by this Court. I believe the evidence recorded for th…