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GADO LAWALI v. THE STATE

(2018) JELR 38547 (CA)

Court of Appeal  •  CA/S/90C/2017  •  11 Jul 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Zamfara State High Court, sitting at Kaura Namoda Judicial Division, Kaura Namoda, Zamfara State, delivered on the 27th October, 2015 by M. YUSHAU, J in Charge No.: ZMS/KN/4C/2014, wherein the accused was convicted and sentenced to death for the offence of culpable homicide punishable with death under Section 221 of the Penal Code. See pages 82 117 of the record of Appeal.

The Appellant was charged along with one (1) other accused (now at large) on two count charges of conspiracy to commit an offence punishable under Section 97 of the Penal Code and culpable homicide an offence punishable under Section 221 of the Penal Code. The Appellant pleaded not guilty to the two counts. See page 4 and 34 of the Record of Appeal. In proof of the case against the Appellant, the Respondent called a total of three (3) witnesses and tendered four (4) Exhibits. The Appellant testified in his de…

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