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ABUBAKAR P. DAJO v. THE STATE

(2018) JELR 38333 (SC)

Supreme Court  •  SC.414/2012  •  13 Jul 2018  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; OLUKAYODE ARIWOOLA JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALINJE JSC;

Judgement

PAUL ADAMU GALINJE, J.S.C. (Delivering the Leading Judgment): The Appellant herein and three other accused person were arraigned before the High Court of Adamawa State holden at Yola, charged with conspiracy to beat, stone and shoot security agents with poisoned arrows, which beating, stoning and shooting resulted in the death of one Dahi Doma, a soldier under Section 96 of the Penal Code and punishable under Section 97(1) of the same code. The Appellant was separately charged with culpable homicide punishable under Section 221 of the Penal Code.

At the close of the prosecution's case, a no case submission was made on behalf of the 3rd and 4th accused persons, as well as the 2nd accused person by their respective counsel. The trial Court upheld the no case submissions in its ruling delivered on the 12th December, 2007, in which the 2nd, 3rd and 4th accused persons were discharged pursuant to Section 191 (3) of the Criminal Procedure Code. The Appellant who was the first accused at the …

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