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ISA KASSIM v. THE STATE

(2017) JELR 37965 (SC)

Supreme Court  •  SC.361/2015  •  30 Jun 2017  •  Nigeria

Coram
CLARA BATA OGUNBIYI JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; EJEMBI EKO JSC; PAUL ADAMU GALINJE JSC; SIDI DAUDA BAGE JSC;

Judgement

EJEMBI EKO, JSC (Delivering the Leading Judgment): The appellant was tried and convicted for culpable homicide punishable with death under Section 221 of the Penal Code Law of Kano State. Among the pieces of evidence on which the trial High Court of Kano State relied on to sustain his conviction and sentence are Exhibits 1, the Medical Report and Exhibits 2 and 3 respectively the appellants extra judicial statements which are confessional in nature. His conviction and sentence were affirmed by the Court of Appeal; hence this further appeal.

For this appeal, the appellant through his counsel, Wilson O. Diriwari, Esq., formulated one issue for the determination of the appeal that is:-

"Whether the learned Justices of the Court below were right to place reliance on the inadmissible evidence to affirm the Appellant's conviction and sentence, notwithstanding the failure by the Respondent to prove the guilt of the appellant beyond reasonable doubt with cogent, credible and compelling evidence…

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