USMAN MAIGARI V. THE STATE
(2010) JELR 46642 (CA)
Court of Appeal
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CA/S/138/C/2009
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15 Apr 2010
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Nigeria
Coram
MUSA DATTIJO MUHAMMAD JCA;
AHMAD OLAREWAJU BELBORE JCA;
MASSOUD ABDULRAHMAN OREDOLA JCA;
Appearances
A. A. Owolabi Esq. For Appellant
Mohammed Lawal Abubakar, Solicitor-General, Sokoto State (with Buhari Ahmed D.P.P. Sokoto State and H. J. Jared., Principal State Counsel Ministry of Justice, Sokoto State), For Respondent
Judgement
<p>MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivered by Leading Judgment) The Appellant in this appeal was charged with culpable homicide punishable with death under Section 221(a) of the Penal Code. He appealed against his conviction and sentence in the judgment of Bello Abbas J, delivered on 29th June, 2007 The trial process commenced on 13th July, 2000, when the trial court granted leave to the Respondent to prefer a charge under S.221(b) of the Penal Code against the Appellant. On 22nd February, 2006, leave was similarly granted to the Respondent to amend the charge which appeared on the original charge sheet dated 3rd April, 2000 Subsequently and on the said 22nd February, 2006, the Appellant Pleaded not guilty to the amended charge which reads thus -</p><p> "That you Usman Maigari on 11th January, 1999 at your house in Yabo of Yabo Local Government Area within the Sokoto Judicial Division did commit culpable homicide punishable with death in that you caused the death of your wife Sa'adatu ofโฆ</p>