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HUSSAINI SAMA’ILA V. THE STATE

(2021) JELR 109985 (SC)

Supreme Court  •  SC.188/2015  •  15 Jan 2021  •  Nigeria

Coram
OLABODE RHODES-VIVOUR, J.S.C. (Presided) KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. CHIMA CENTUS NWEZE, J.S.C. AMINA ADAMU AUGIE, J.S.C. (Read the Leading Judgment) UWANI ABBA AJI, J.S.C

Judgement

AUGIE, J.S.C. (Delivering the Leading Judgment): On22/10/2009, at Hadejia Town, Hadejia Local Government Area, Jigawa State, a little girl was rescued from drowning in a river, and she was handed over to the appellant, who said he was her father. On the same day, one Tanimu Mohammed reported to the Police that his six year old daughter, called Hadiza, was missing.

Four days later on 26/10/2009, based on information received by the Police, appellant was arrested and he led the Police to where the partially decomposed body of a little girl was found, with the two eyes, heart and other organs removed, and Tanimu Mohammed identified the body to the Coroner as that of his daughter.

The appellant was arraigned before the High Court of Jigawa State on a two-count charge of kidnapping punishable under section273 of the penal code and culpable homicide punishable with death under section 221(a) of same Code.

He pleaded not guilty to the charge and to prove its case, the prosecution called five wi…

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