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USUMAN MADU V. THE STATE

(2000) JELR 43955 (CA)

Court of Appeal  •  CA/J/139/C/95  •  17 Feb 2000  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; JOSEPH JEREMIAH UMOREN JCA; ISA ABUBAKAR MANGAJI JCA;

Judgement

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The appellant was alleged to have killed one Janyo Kuti sometime in March, 1986. The Appellant was arraigned before the then Gongola State High Court of Justice sitting at Mubi, under section 221 of the Penal Code. The Appellant pleaded not guilty. Eight witnesses were called by the prosecution (Respondent). The Defence (Appellant) called one witness. Learned Counsel for the Defence addressed the Court. No reply was made by the prosecution. The learned trial Judge, after having considered the evidence called by the parties and the address by the Defence found that, the essential ingredients of the offence of culpable homicide punishable with death have 'been proved beyond all reasonable doubt by the prosecution' and found the accused (Appellant) guilty as charged. Learned trial Judge accordingly convicted the Appellant and sentenced him to death by hanging.

Dissatisfied with the trial Court's verdict, the convict appealed to this Co…

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