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ABDULLAHI NASIRU v. THE STATE

(2016) JELR 41176 (CA)

Court of Appeal  •  CA/S/78C/2015  •  7 Dec 2016  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): The Appellant was arraigned, tried unto conviction and sentenced to death by the High Court of Zamfara State sitting at Gusau in the Gusau Judicial Division on the 19th day of December, 2014 for the offence of Culpable Homicide Punishable with death for unlawful killing of one Haruna Dahiru (hereinafter referred to as the deceased) on the 22nd day of October, 2006 at Magami within the Gusau Judicial Division by hitting the said deceased with a stick which resulted in his death; an offence punishable under Section 221 of the Penal Code.

The sordid facts giving rise to this case in which five (5) witnesses testified for the prosecution are as follows:

On the 22nd day of October, 2006 at Magami within the premises of a Mosque some commotion ensued between two factions of a political party, to wit; the ANPP. The Appellant, who was a member of one the factions called Adadidaita Sahu had altercations with one Sule, a member o…

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