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YUSUF SAIDU DANBABA v. THE STATE

(2018) JELR 15772 (SC)

Supreme Court  •  SC.52/2015  •  2 Feb 2018  •  Nigeria

Coram
OLUKAYODE ARIWOOLA JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; EJEMBI EKO JSC; SIDI DAUDA BAGE JSC;

Judgement

OLUKAYODE ARIWOOLA, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Sokoto Divison; Coram: Paul, Adamu Galinje, JCA (as he then was); Tunde O. Awotoye, JCA and M. L. Shuaib, JCA, delivered on the 6th day of November, 2014 in appeal No. CA/S/64c/2012. In the said judgment, the Court of Appeal, (hereinafter referred to as "Court below") had affirmed the decision of the Sokoto High Court, sitting in Sokoto, Coram: A.M. Lamido, J. (herein after referred to as the "trial Court") wherein the appellant and other co-accused were discharged and acquitted of the offence of conspiracy to commit culpable homicide but convicted and sentenced the appellant for the offence of culpable homicide punishable with death.

The gist of the case goes thus: The appellant claimed to be a Muslim of the Shiite sect who used to go to a place called Marka, in Takakume village, Goronyo Local Government Area of Sokoto State where Shia Muslims usually preach.

On 9t…

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