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(2021) JELR 109356 (CA)

Court of Appeal  •  CA/KN/101B/C/2020  •  23 Mar 2021  •  Nigeria

Hussein Mukhtar, JCA Habeeb Adewale Olumuyiwa Abiru, JCA Abubakar Muazu Lamido, JCA


HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Jigawa State delivered in Case No JDU/40C/A/2019 by Honorable Justice Abubakar Sambo Muhammad on the 24th of February, 2020.

The Appellant, as the second accused person, was charged along with one other person, with two counts of conspiracy to commit culpable homicide and of committing culpable homicide punishable with death contrary to the provisions Sections 97(1) and 221(b) of the Penal Code of Jigawa State. The Appellant was alleged to have, with the other person, on or about the 19th day of January, 2019 at Sabuwar Rijiya Fulani Camp in Garki Local Government Area of Jigawa State, conspired to commit culpable homicide and to have committed culpable homicide by using sticks to attack and inflict injuries on the head of one Magaji Musa (now deceased) and which injuries ultimately led to the death. The Appellant pleaded not guilty to the charge and the ma…

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