ISIKALU EBENEZER V. THE STATE
(2018) JELR 39549 (CA)
Court of Appeal
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CA/S/89C/2016
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23 Feb 2018
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Nigeria
Coram
HUSSEIN MUKHTAR JCA;
MUHAMMED LAWAL SHUAIBU JCA;
FREDERICK OZIAKPONO OHO JCA;
Appearances
HUSSAINI ZAKARAYAU ESQ. For Appellant
SHAMSUDEED JAAFAR ESQ., (Asst. DPP M. O. J. Kebbi State) For Respondent
Judgement
<p>FREDERICK OZIAKPONO OHO, J.C.A.(Delivering the Leading Judgment): This appeal is against the Judgment of the High Court of Kebbi State CORAM: ZAYYANU NAGODI, J sitting at the Birnin Kebbi Judicial Division, delivered on the 9th day of October, 2013 wherein the Appellant was convicted and sentenced to death, on a count of Culpable Homicide Punishable with death contrary to Section 221 (b) of the Penal Code in Case No. KB/HC/15C/2012. See pages 69-88 of the Records of Appeal for judgment of the High Court of Kebbi State. The Appellant, sometime in 2012, while suspected to be committing a crime used his car Toyota Previe with registration no. AQ 456 ADK EKITI to kill one Inspector Tanimu Danjuma by hitting and running over him, thereby resulting to his death.</p><p>In proof of the charge against the appellant, the respondent called a total of four witnesses who testified as the PW1, PW2, PW3 and PW4 and also tendered Exhibit A, B, C and D and closed its case. On the part of the Appellant, he teβ¦</p>