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MAMMAN V. STATE

(2022) JELR 110223 (CA)

Court of Appeal  •  CA/G/125C/2022  •  9 Dec 2022  •  Nigeria

Coram
Jummai Hannatu Sankey, JCA Jamilu Yammama Tukur, JCA Ebiowei Tobi, JCA

Appearances
A.A. Shehu, with him, M.J. Madaki, Esq. For the Appellant; M.H. Mohammed, Esq. State Counsel, Ministry of Justice, Yobe State For the Respondent.

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice Yobe State sitting in Gashua in Suit No. YBS/HC/GSH/09C/21 delivered on 17th March 2022, Coram: M.K. Kyari, J. Therein, the Appellant was convicted for the offences of criminal conspiracy, causing grievous hurt and culpable homicide punishable with death under Sections 97, 247 and 221 of the Penal Code of Yobe State. Irked by this decision, the Appellant filed an appeal to this Court.

A succinct account of the facts leading to the appeal is that the Appellant was arraigned before the lower Court, along with two other accused persons, on a four-count charge of criminal conspiracy, causing grievous hurt and culpable homicide punishable with death under Sections 97, 247 and 221 of the Penal Code. For ease of reference, the charge is set out hereunder:

“1ST COUNT

That you Sani Bulama Garba, Isa Wakil Mamman and Dahiru Musa within the jurisdiction of this Honourabl…

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