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BELLO SANI DANLAMI v. THE STATE

(2014) JELR 36325 (CA)

Court of Appeal  •  CA/A/515C2/2013  •  4 Dec 2014  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; JOSEPH E. EKANEM JCA; MOHAMMED MUSTAPHA JCA;

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering The Leading Judgment): This is an appeal against the decision of the High Court of Niger State in the judgment of Honourable Justice Halima I. Abubakar, delivered on the 18th of April, 2013, in suit No.NSHC/SD/6C/2012.

By notice of appeal filed on the 2nd of July, 2013 the appellant appeals on the following grounds:

1. "The learned trial judge erred in law in convicting the appellant of the offense of culpable homicide, contrary to Section 221(1) of the Penal Code, Conspiracy, contrary to Section 97 of the Penal Code, and Robbery, contrary to Section 298 of the Penal Code, in view of the totality of the evidence before the court."

2. "The learned trial judge erred in law in convicting the appellants for culpable homicide punishable with death, conspiracy and armed robbery when the circumstances and cause of death of the deceased was unknown.

"That the whole decision is unwarranted and cannot be supported by the weight of evidence."

FACTS IN BRIEF:…

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