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EMMANUEL OCHIBA V. THE STATE

(2010) JELR 33612 (CA)

Court of Appeal  •  CA/J/76C/2006  •  29 Jun 2010  •  Nigeria

Coram
ZAINAB A. BULKACHUWA JCA; BODE RHODES-VIVOUR JCA; ABUBAKAR DATTI YAHAYA JCA;

Judgement

BODE RHODES-VIVOUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Hon. Justice Y. Nimpar sitting in the Jos High Court, Plateau State, delivered on the 9th of November 2005. The Appellant was found guilty of culpable homicide and sentenced to death by hanging. The charge against the Appellant read:

That you Emmanuel Ochiba on or about the 12th day of September, 2001 along Tafawa Balewa Street in Jos did commit Culpable Homicide punishable with death in that you caused the death of one Godwin Momoh by doing an act to wit: Shooting him with a Gun in the chest with the intention of causing his death and thereby committed an offence punishable under Section 221 (b) of the Penal Code.

The accused person/Appellant pleaded not guilty to the charge. To prove the case the prosecution called three witnesses and tendered one exhibit, (the statement of the accused person). The Appellant testified for himself. He did not call any witness or tender any exhibit.…

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