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Yesufu Idowu v. The State

(1972) JELR 33033 (SC)

Supreme Court  •  SC.238/71  •  5 May 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; IAN LEWIS JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

ELIAS, C.J.N. (Delivering the Leading Judgment): The accused was charged with having, on or about 5th July, 1962, at Igbagun, Yagba District in Kwara State, committed culpable homicide punishable with death by causing the death of Joseph Jimoh contrary to section 221 of the Penal Code.

The facts of this case are brief and straight-forward. The accused in his evidence said that he knew the deceased and that the latter died through his hand. When cross-examined, he explained that the incident occurred on the way to the farm of Musa Lawani, "the elder brother of the accused born of the same father and mother." He said that he held a cutlass which he identified as exhibit 4, that he was wearing a garment which he identified as exhibit 5, that being hungry he plucked the maize belonging to one Amusa, that the deceased saw him do so, and that he then killed the deceased. This story was corroborated in essential by Maria Ajike (p.w. 2), a palm wine seller who had gone to the farm of the dec…

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