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ZAHARADEEN JUNAIDU V. THE STATE

(2015) JELR 52500 (CA)

Court of Appeal  •  CA/K/513/C/2014  •  4 Dec 2015  •  Nigeria

Coram
ISAIAH O. AKEJU JCA (Presided and Read the Lead Judgment) HABEEB ADEWALE OLUMUYIWA ABIRU JCA OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA

Appearances
A. M. Saulawa Esq. - for the Appellant. -*- M. U. Abdullahi Esq. - for the Respondent.

Judgement

AKEJU JCA (Delivering the Lead Judgment): At the HighCourt of Justice of Katsina State, holden at Katsina, the appellant was the accused person in charge No. KTH/8C/2012, which states as follows:

“That you, Zaharaddeen Junaidu of Kaita Township

Area of Katsina State on or about 4 September 2011 , at about 12 in the forenoon or thereabout, did an act to wit: caused the death of your wife by name Rukkayya Zarahaddeen of Kaita Township, whereof you hit her in the chest with an axe with the knowledge that death would be the probable consequences of your a c t a nd the re by c ommitte d a n offe nc e punishable under section 221 of the Penal Code, Cap. 96, Laws of Katsina State, 1991.” The charge was amended upon the application of the prosecution, granted by the court on 30 July 2012. The amended charge dated 23 May 2012, at page 10 of the record of appeal reads thus: “That you, Zaharaddeen Junaidu of Kaita Township, Kaita Local Government Area of Katsina State on or about 4 September 201…

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