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HAJARA MOHAMMED v. THE STATE

(2016) JELR 41406 (CA)

Court of Appeal  •  CA/K/538/C/2014  •  16 Jun 2016  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA; IBRAHIM SHATA BDLIYA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the Kaduna State High Court in Charge No KDH/Z/2C/2013 delivered by Honorable Justice M. L. Bello on the 5th of June, 2014. The Appellant was arraigned before the lower Court on a two count charge of conspiracy to commit culpable homicide under Section 97 of the Penal Code Law of Kaduna State and culpable homicide punishable with death under Section 221 of the Penal Code of Kaduna State. The Appellant was charged along with one Jamilu (now at large) and was alleged to have conspired with Jamilu to commit an illegal act and to have, in company of the said Jamilu, caused the death of one Abdullahi Sanni Abba on the 28th of February, 2012 in Kakiyeyi Village in Zaria Local Government Area of Kaduna State by attacking him with dangerous weapons and inflicting machete wounds on his face, back, neck and head and leaving him in a pool of his blood with the knowledge that death would …

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