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HALI HASSAN v. THE STATE

(2017) JELR 38243 (CA)

Court of Appeal  •  CA/S/21C/2015  •  23 Mar 2017  •  Nigeria

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

Judgement

MUHAMMAD LAWAL SHUAIBU, JCA (Delivering the Leading Judgment): In the High Court of the Sokoto State, Sokoto Judicial Division, the charge preferred against the appellant was culpable homicide punishable with death contrary to Section 221(b) of the Penal Code. It was alleged that the appellant, on the 11th day of February, 2012 did at Unguwar Marke village of Tambuwal Local Government in the Sokoto Judicial Division, stabbed Hali Nakalangu twice on his neck with knife thereby causing his death.

The evidence led by the prosecution was that on the day of the incident, the appellant returned home at 10:00am and met the deceased giving money to his wife, Zulai, PW2. The appellant enquired why the deceased should give money to his wife and was told that it was a refund for the money lent to the deceased by PW2. The Appellant was dissatisfied with the said explanation and pursued the deceased as a result of which the later was stabbed twice on the neck.

PW3, Mamman Sani gave evidence that imm…

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