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IBRAHIM HABIBU v. THE STATE

(2015) JELR 36706 (CA)

Court of Appeal  •  CA/K/204/C/2014  •  24 Apr 2015  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

AMINA AUDI WAMBAI, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the decision of the Kano State High Court in suit No. K/181/C/2010 delivered by Hon. Justice Wada Abubakar Omar on the 31st July, 2012 wherein the Appellant was convicted of the offences of criminal conspiracy and culpable homicide punishable with death and sentenced to death by hanging.

The Appellant as the 2nd accused was charged along with his uncle, Ado Haladu, and his father, Habibu Haladu, in 3 heads of charge for the offences of criminal conspiracy, culpable homicide punishable with death and abetment of culpable homicide punishable with death contrary to Sections 97, 221 (b) and 85 of the Penal Code of Kano State (cap 105) 1991 Laws of Kano State of Nigeria.

The charge against the Appellant was for criminal conspiracy and culpable homicide punishable with death. He was accused of conspiring with his uncle, Ado Haladu who was the 1st accused and the Appellant in Appeal No. CA/K/202/C/2014 to kill and…

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