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SAMBO ALH. GALADIMA v. THE STATE

(2017) JELR 38257 (SC)

Supreme Court  •  SC.72/2013  •  10 Mar 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC;

Judgement

AMIRU SANUSI, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Kaduna division (the Court below) delivered on the 8th of February, 2013 which affirmed the decision of Jigawa State High Court (the trial Court).

The facts of the case giving rise to this appeal are summarized below. The appellant along with four other co-accused persons were arraigned before the trial Court charged with the offence of culpable homicide punishable with death, contrary to Section 221(b) of the Penal Code read with Section 79 of the same code. They were said to have caused the death of their relation one Safiya Nomau by attacking her and beating her with sticks and a hoe on her head and other parts of her body. In its efforts to prove the allegation against the appellant, the respondent as prosecution, called five witnesses and tendered weapon (a hoe) used on her which was admitted in evidence and marked Exhibit 2. Also two Writs of Possession of a land issue…

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