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RABI ISMAIL v. THE STATE

(2008) JELR 46898 (CA)

Court of Appeal  •  CA/K/27/C/2006  •  3 Mar 2008  •  Nigeria

Coram
BABA ALKALI BA'ABA JCA; OLUKAYODE ARIWOOLA JCA; JOHN INYANG OKORO JCA;

Judgement

BABA ALKALI BA'ABA, J.C.A (Delivering the Leading Judgment): The appellant, Rabi Ismail, was arraigned before the High Court of Justice, Kano State, holden at Kano, charged with the offence of culpable homicide contrary to Section 221(b) of the Penal Code, Laws of the Kano State, 1991. The particulars of the offence charged are as follows:

"That you Rabi Ismaila on or about the 25th December 2002 at Rurum dam along Tiga Road did commit culpable homicide punishable with death in that you caused the death of one Auwalu Ibrahim (Alias Zazu) by doing an act to wit: drugging him by means of giving him a doped Eclairs sweet as a result of which the deceased lost consciousness and you later pushed him into the dam with the knowledge that death will be probable consequence of your act and you thereby committed an offence punishable under section 221(B) of the Penal Code....."

The appellant pleaded not guilty to the amended charge in her own words when she said at page 7 of the record of proceā€¦

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