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IDI MUSA v. THE STATE

(2017) JELR 37456 (CA)

Court of Appeal  •  CA/K/73/C/2016  •  31 Jan 2017  •  Nigeria

Coram
OBIETONBARA O. DANIEL-KALIO JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

AMINA AUDI WAMBAI, JCA (Delivering the Leading Judgment): At the Jigawa State High Court of justice in charge No JDU/052C/2012 dated 8th October 2012 the Appellant was charged with the offence of culpable homicide punishable with death in that on or about the 11th July 2012 at Matamu Fulani settlement in Birniwa Local Government Area, Jigawa State within the Jigawa Judicial Division, he caused the death of Garba Maijama'a by stabbing him at his neck and chest with a knife and thereby committed an offence punishable under Section 221(a) of the Penal Code.

The Appellant pleaded not guilty to the charge, consequent upon which the prosecution called six witnesses and tendered 4 Exhibits. In defence of the charge, the Appellant testified as DW1 but called no other witness nor tendered any Exhibit. Upon the conclusion of the trial and the review of the evidence for both the prosecution and the defence and consideration of the final written addresses of both Counsel, the learned trial Judge f…

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