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DOTUN FATILEWA V. THE STATE

(2008) JELR 33587 (SC)

Supreme Court  •  SC.118/2007  •  9 May 2008  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; DAHIRU MUSDAPHER JSC; GEORGE ADESOLA OGUNTADE JSC; SUNDAY AKINOLA AKINTAN JSC;

Judgement

G, A, OGUNTADE, J.S.C. (Delivering the Leading Judgment): The appellant was the 2nd of two accused persons who were arraigned for the offence of culpable homicide punishable with death on 19-4-90 before Kusherki J. at the Abuja High Court. The accused persons were alleged to have caused the death of one Moshudi Atanda Arogundade who was the father of the 1st accused.

At the trial, the prosecution called six witnesses. The appellant elected not to call any evidence. On 12/11/92, the trial court in its judgment found the appellant guilty as charged and accordingly sentenced him to death. The appellant was dissatisfied with the judgment of the trial court. He brought an appeal against it before the Court of Appeal, Abuja (hereinafter referred to as 'the court below'). On 12-04-06, the court below dismissed the appeal. The appellant has now brought a final appeal before this Court. In the appellant's brief filed, two issues for determination in the appeal were identified.

The issues are:…

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