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AMINA MUSA v. THE STATE

(2014) JELR 36669 (CA)

Court of Appeal  •  CA/K/289/C/2013  •  12 Feb 2014  •  Nigeria

Coram
DALHATU ADAMU JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Jigawa State High Court in charge No.JDU/27C/2009, delivered by Hon. Justice Ahmad Isah Gumel on 2/12/2010, wherein Appellant was convicted in the three counts charge of culpable homicide punishable with death. She was accused of causing the death of three different children, namely Yusuf Musa (m), 7 years old, Nana Dausiya Musa (f), 3 years old and Hafsatu Ya'u (f), 7 months old, each by poisoning, contrary to Section 223 of the Penal Code Law of Jigawa State.

The Appellant was, however, convicted and sentenced to 10 years imprisonment on each count under a lesser offence pursuant to Section 218 of the Criminal Procedure Code, and Section 225 of the Penal Code, which says:

"Whoever causes the death of any person by doing any act not amounting to culpable homicide but done with the intention of causing hurt or grievous hurt, shall be punished with imprisonment for a term which may…

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