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LAWALI NASIRU v. THE STATE

(2017) JELR 37243 (CA)

Court of Appeal  •  CA/S/48C/2016  •  6 Oct 2017  •  Nigeria

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

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the High Court of Sokoto State delivered on 19th December 2014, by the Hon. Justice Malami Umar Dogon Daji.

The Appellant was charged with culpable homicide punishable with death under Section 221 (b) of the Penal Code.

The Appellant pleaded not guilty to the charge on 19th December, 2013. In proof of its case, the prosecution called Six witnesses comprising of Sgt. Ahmed Abubakar (PW I), Ibrahim Isa (PW 2), Nura Rabiu (PW 3), Ali Quasimu Adamu Garawa (PW 4), PC Abdullahi (PW 5) and Sgt. Danjuma Giwa (PW 6).

In the course of the trial, the appellant challenged the admissibility of his extra-judicial statement made to the Police on the ground that it did not reflect the statement he made, which the trial Court overruled and admitted in evidence reasoning that the issue raised concerning the statement goes to weight and not admissibility.

The Appellant opened his defence on 18th September, 2014…

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