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HUSSAINI SAMA'ILA V. THE STATE

(2015) JELR 40751 (CA)

Court of Appeal  •  CA/K/441/C/2013  •  30 Jan 2015  •  Nigeria

Coram
ABDU ABOKI JCA; ISAIAH OLUFEMI AKEJU JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Appearances
Nassir Abdu Dangiri For Appellant Yakubu A. H. Ruba Esq. For Respondent

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): At the Jigawa State High Court holden at Gumel the appellant was in charge No. JDU/9C/2010 dated 8/5/10 charged for the offences of kidnapping and culpable homicide punishable with death as follows:

"FIRST HEAD OF CHARGE

That you Hussaini Sama'ila on the 22nd day of October, 2009 at about 1600 hrs. in Hadeja Town, Hadeja Local Government Area within the Jigawa Judicial Division committed an illegal act to wit, you enticed and took one Hadiza Tanimu Muhammad, a 6 years old girl out of custody and consent, you thereby committed an offence of kidnapping punishable under Section 273 of the Penal Code Cap 107 Laws of Jigawa State, 1998.

SECOND HEAD OF THE CHARGE

That you Hussaini Sama'ila on the 22nd day of October, 2009 at about 1600 hrs. committed Culpable Homicide punishable with death by causing the death of Hadiza Tanimu Muhammad 6 years old girl at Hadeja Local Government Area and thereby committed an offence punishable …

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