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MAI HAMMAN v. THE STATE

(2018) JELR 38571 (CA)

Court of Appeal  •  CA/J/138C/2017  •  28 Jun 2018  •  Nigeria

Coram
ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the judgment of the Borno State High Court of Justice No. 13 Maiduguri, delivered on the 31st January, 2017 by Honourable Justice F. Umaru.

The background facts resulting in this appeal can be summarized as follows: The appellant was alleged to have killed one Bukar Shehu on 31-08-2013 by inflicting several cuts on the hand, back and chest of the deceased with a machete. As a result of the injuries sustained the deceased collapsed and was rushed to Uba General Hospital where he was pronounced dead.

As a consequence of the above, the appellant was arraigned on a one count charge for the offence of culpable homicide not punishable with death, under Section 224 of the Penal Code. The charge reads thus:

THE CHARGE

That you Mai Hamman on or about 31/08/2013 at about 2200 hours at Killakessa Village, Damboa Local Government Area of Borno State is within the jurisdiction of this Honourable Court, caused the deat…

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