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KAINJI NERE v. THE STATE

(2018) JELR 38632 (CA)

Court of Appeal  •  CA/S/187C/2017  •  11 Jul 2018  •  Nigeria

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

Judgement

FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the High Court of Kebbi State, sitting at Zuru Judicial Division Coram: SABI'UBALA SHU'AIBU, J. in Case No. KB/ZR/HC/7c/2013, delivered on the 4th day of April, 2014 wherein the Appellant was convicted and sentenced to death for the offence of Culpable Homicide punishable with death.

The Appellant was charged alone with the offence of culpable homicide; an offence punishable under Section 221 of the Penal Code in that on or about the 7-2-2012 at Dunahu village in Sakaba Local Government Area of Kebbi State he caused the death of Danjuma Nere by stabbing him with a knife. The Appellant pleaded not guilty to the count. In proof of the case against the Appellant, the Respondent called a witness who testified as the PW1 and tendered an Exhibit admitted as Exhibit S1. The Appellant testified in his defense, and called no other witnesses. At the end of final addresses of Counsel the lear…

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