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MOHAMMED SARKI FULANI M V. THE STATE

(2018) JELR 48673 (SC)

Supreme Court  •  SC.501/2015  •  14 Jun 2018  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; EJEMBI EKO JSC; PAUL ADAMU GALINJE JSC;

Appearances
Mr. John Ogwu Adele with A. E. Adele; P.T. Iorbee; S. R. Omoseyin (Miss); and Adedamola Adewale (Miss) For Appellant Respondent is absent. For Respondent

Judgement

PAUL ADAMU GALINJE, J.S.C. (Delivering the Leading Judgment): The Appellant herein was arraigned before the Kogi State High Court on a one count charge of culpable homicide punishable with death contrary to Section 221(b) of the Penal Code. In order to prove its case, the prosecution called two witnesses.

PW1 is the Investigation Police Officer, Mawada Adamu. He testified that he recorded the statement of the Appellant, obtained a medical report on the deceased, four photographs and negatives of the deceased dead body and recovered the knife which was allegedly used in killing the deceased. These documents and the knife were admitted in evidence and marked Exhibits A, B, C, C1-C3, D, D1-D3 and E respectively. PW2, one John Egbunu Cornelius, a registrar in Court 2, High Court of Kogi State, where the appellant was initially arraigned, identified a copy of the evidence of Sgt Abdullahi Musa in the proceedings before that Court. Same was tendered through him and admitted as Exhibit F. Sgt…

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