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WADATA ISAH v. THE STATE

(2017) JELR 37358 (SC)

Supreme Court  •  SC.321/2012  •  15 Dec 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; CLARA BATA OGUNBIYI JSC; AMINA ADAMU AUGIE JSC; SIDI DAUDA BAGE JSC;

Judgement

SIDI DAUDA BAGE, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Sokoto Division delivered on 17th May 2011, wherein the lower Court unanimously affirmed the judgement of the trial Court convicting the Appellant of the offence of culpable homicide punishable with death under Section 221 of the Penal Code.

SUMMARY OF FACTS:

On 29th October, 2008, the Appellant stabbed one Hamidu Mohammed a Police Constable with a knife at the back of his neck which resulted in the death of his victim. He was arrested, investigated, charged to Court, tried and convicted for the offence of culpable homicide punishable with death contrary to Section 221 of the Penal Code.

On 22nd May, 2010 the Appellant was found guilty of the offence for which he was charged and was consequently convicted and sentenced to death by hanging. The judgement of the trial Court is laid-out on pages 45 to 70 of the Record of Appeal. Dissatisfied with his conviction, the Appeā€¦

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