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(2021) JELR 106982 (SC)

Supreme Court  •  SC.188/2015  •  15 Jan 2021  •  Nigeria

Olabode Rhodes-Vivour, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Chima Centus Nweze, JSC Amina Adamu Augie, JSC Uwani Musa Abba Aji, JSC


AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): On 22/10/2009, at Hadejia Town, Hadejia Local Government Area, Jigawa State, a little girl was rescued from drowning in a river, and she was handed over to the Appellant, who said he was her father. On the same day, one Tanimu Mohammed reported to the Police that his six-year-old daughter, called Hadiza, was missing.

Four days later on 26/10/2009, based on information received by the Police, Appellant was arrested and he led the Police to where the partially decomposed body of a little girl was found, with the two eyes, heart and other organs removed, and Tanimu Mohammed identified the body to the Coroner as that of his daughter.

The Appellant was arraigned before the High Court of Jigawa State on a two-Court Charge of Kidnapping punishable under Section 273 of the Penal Code and culpable homicide punishable with death under Section 221(a) of same Code.

He pleaded not guilty to the Charge and to prove its case, the Prosecution …

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