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MAHAMMADU BELLO v. THE STATE

(1968) JELR 91518 (SC)

Supreme Court  •  SC. 121/1968  •  29 Nov 1968  •  Nigeria

Coram
ADEMOLA, CHIEF JUSTICE, NIGERIA. COKER, JUSTICE, SUPREME COURT. LEWIS, JUSTICE, SUPREME COURT

Judgement

JUDGMENT

COKER, J.S.C.

(Giving the Reasons for the Judgment of the Court):

The appellant was at the High Court Maiduguri, convicted of culpable homicide punishable with death under section 221 of the Penal Code. The case against him was that on or about the 4th day of March, 1967, at Garga Village, in Damaturu District of the North Eastern State he shot one Garba Dan Mai with an arrow on the back and thereby caused his death. The appellant did not himself give evidence at his trial, but learned counsel who represented him submitted firstly that a confessional statement alleged to have been made by him should not be accepted as reliable by the court and secondly that as there was no eye-witness to the shooting of the arrow on the deceased the court should consider the evidence insufficient to support the charge.

A dispensary attendant, Kagu Maina, who saw the corpse of the deceased a few days after his death testified to the presence in the middle of his back of a wound which looked like t…

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