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USMAN MAIGARI V. THE STATE

(2013) JELR 35748 (SC)

Supreme Court  •  SC.395/2010  •  5 Jul 2013  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; NWALI SYLVESTER NGWUTA JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC;

Appearances
Tajudeen Oladoja, Muritala Abdul-Rasheed, Muhammad Tukur Rashid For Appellant Nuhu Adamu, A. G. Sokoto, Mrs Hadiza Jaredi, Senior State Counsel, Habiba Ahmed Usman SC II For Respondent

Judgement
<p>MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal from the Court of Appeal, Sokoto Judicial Division, coram: M. D. Muhammed, A. O. Belgore, M. A. Oredola J.C.A. The appellant was arraigned before the Sokoto State High Court holden at Sokoto presided over by Abbas Bello J. on a one count charge of culpable homicide punishable with death contrary to Section 221(b) of the Penal Code. On the 22nd February 2006, leave was granted to the respondent to amend the charge. The appellant pleaded not guilty to the charge and at the trial the respondent called seven witnesses and tendered several exhibits. The appellant testified in his own defence and did not call any other witness.</p><p> Counsel on both sides addressed the court and in a considered judgment the trial court per Hon. Justice Bello Abbas convicted the appellant and sentenced him to death by hanging.</p><p> Dissatisfied with the judgment the appellant appealed to the Court of Appeal which court upheld the convi…</p>

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