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CPL HASSAN MAMMAN v. THE STATE

(2017) JELR 37510 (CA)

Court of Appeal  •  CA/K/143/C/2014  •  22 Mar 2017  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; OBIETONBARA O. DANIEL-KALIO JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): The Appellant, CPL Hassan Mamman, was charged with committing the offence of culpable homicide punishable with death under Section 221 of the Penal Code of Katsina State before the High Court of Katsina State (hereinafter refer to as the Lower Court). He was accused of causing the death of Barau Abdullahi of Yandoma Village by shooting him with a gun with the knowledge that his death would be the probable consequence of such an act. The prosecution called five witnesses to prove the commission of the offence. The appellant testified, but called no witnesses. At the conclusion of the trial, learned counsel addressed the Court. The learned trial judge of the Lower Court delivered his judgment on the 25th of January 2011, convicting the appellant as charged and sentenced him to death by hanging. Dissatisfied with the conviction, the appellant filed Notice of Appeal to this Court on the 21st of April 2011, which was amended a…

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