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ABBAS MUHAMMAD v. THE STATE

(2017) JELR 38182 (SC)

Supreme Court  •  SC.141/2013  •  13 Apr 2017  •  Nigeria

Coram
OLUKAYODE ARIWOOLA JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALINJE JSC;

Judgement

AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): The Appellant was charged with the offence of culpable homicide punishable with death, and after a trial in which six witnesses had testified for the Prosecution, the Kano State High Court found him guilty as charged, and convicted and sentenced him to death.

The case against him is that he caused the death of Nura Muhammad" by stabbing him with a knife on his face and back, knowing that death would be the probable consequence of his act.

The Appellant, a football coach, testified in his own defence, and called one other witness. He did not deny that there was a fight between them at the football field, but his side of the story is that he was provoked by the deceased, and acted in self-defence.

In his judgment delivered on 5/11/2008, the learned trial Judge, Tani Yusuf Hassan, J. (as he then was) held as follows -

Counsel to the [Appellant] contended that since the deceased approached [him] with a shovel, [he] had a right of se…

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