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MOHAMMED MAIDABO v. STATE

(2016) JELR 37031 (CA)

Court of Appeal  •  CA/S/148C/2014  •  15 Apr 2016  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; TUNDE OYEBANJI AWOTOYE JCA; MUHAMMED LAWAL SHUAIBU JCA;

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the appellant against the decision of Kangiwa J. of High Court of Justice Argungu delivered on 22/9/2014.

The appellant was the accused in Suit No KB/AR/1C/2013 before the said Court.

The accused was charged as follows

"That you MUHAMMAD MAIDABO "??M" on or about the 30th day of December, 2011 at Kara Market Argungu within the jurisdiction of the Argungu High Court of Justice did commit culpable homicide punishable with death in that you caused the death of one JABBI BARTI by cutting down his right hand with your cutlass with the knowledge that death would be probable and not only the likely consequences of your act or any bodily injury which the act is intended to cause and thereby committed an offence punishable under Section 221 (b) of the Penal Code."

After the plea of the accused was taken, both parties called evidence in support of their respective cases. After he…

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