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SAHABI GARBA v. THE STATE

(2017) JELR 38242 (CA)

Court of Appeal  •  CA/S/12C/2016  •  22 Mar 2017  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

MUHHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the High Court of Justice Sokoto delivered on 18/11/2014 wherein the appellant herein was convicted and sentenced to death by hanging at page 88 of the record of this appeal in the following words:-

Therefore the convict in this case Sahabi Garba having been found guilty of the offence of Culpable Homicide Punishable with Death contrary to Section 221 (b) of the Penal Code, you are hereby sentence to death. You are to be hanged in the neck till you be dead. May your soul rest in peace.

It is against this conviction and sentence that the appellant appealed to this Court. His initial Notice of appeal was filed on 28/11/2014 and it read as follows:

That the decision of the trial Court is unreasonable, unwarranted and cannot be supported having regard to the Evidence adduced at the trial.

The above Notice of appeal was by leave of this Court amended on the 11/15/2016. The amended Notice of…

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