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DUKKU ISHAYA & ANOR v. THE STATE

(2013) JELR 35375 (CA)

Court of Appeal  •  CA/S/30/C/2010  •  26 Mar 2013  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; TUNDE O. AWOTOYE JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal of the 1st and 2nd accused in charge No KB/ZR/HC/IC/2003 against the judgment of Hon Justice I Bashar of Kebbi State High Court delivered on 10/3/2004.

The charge against the accused persons was as follows:-

"That you Dukku Ishaya and Gomo Doro on or about the 12th day of November 2001 at Rikoto District of Zuru Local Government Area, within the Zuru Judicial Division committed culpable homicide punishable with death to wit: stabbing Huce Dondo with a knife on the neck which resulted to his death and you thereby committed an offence punishable under Section 221(b) of the Penal Code"

The learned trial Judge, after hearing both parties and their respective witnesses gave judgment inter alia thus:

"It is my duty to examine the facts before me with a view of finding what defences if any are available to the accused after a careful examination; I am unable to find any defence opened to…

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