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UMARU SANI v. THE STATE

(2017) JELR 41644 (SC)

Supreme Court  •  SC.293/2013  •  15 Dec 2017  •  Nigeria

Coram
OLUKAYODE ARIWOOLA JSC; JOHN INYANG OKORO JSC; AMINA ADAMU AUGIE JSC; EJEMBI EKO JSC; PAUL ADAMU GALINJE JSC;

Judgement

AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): The Appellant was tried, convicted and sentenced to death by the High Court of Kaduna State for the offence of culpable homicide punishable with death. He allegedly forced his way into his former wife's room at midnight of 12/81/2002, where he met her with one Ibrahim Yusuf and in a fit of rage, Appellant stabbed " Ibrahim Yusuf, (deceased) "with a sharp knife on his neck causing his instant death".

The Prosecution called four witnesses, including the Appellant's former wife, Amina Shuaibu, as PW4, and it tendered four Exhibits, including two confessional statements he had made to the police.

At the close of the Prosecution's case, the defence counsel made a no-case submission that was overruled by the trial Court on 7/12/2007, and the Appellant was "called upon to enter his defence".

On that same 7/12/2007, the trial Court granted the defence counsel's application to recall PW2, Cpl. Joseph Abu, and PW3, Idris Shuaibu, who is …

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