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ADAUDU SHAIBU v. THE STATE

(2017) JELR 38177 (SC)

Supreme Court  •  SC.287/2012  •  13 Apr 2017  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MARY UKAEGO PETER-ODILI JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; SIDI DAUDA BAGE JSC;

Judgement

AMINA A. AUGIE, JSC (DELIVERING THE LEADING JUDGMENT): The Appellant was accused of causing the death of "Ajari Mala Sule" [the deceased] by stabbing him with a spear on the chest, and also of voluntarily causing hurt to "Awawu Molo" and "lbrahim Pemida" by stabbing them with a spear on the left arm and mouth respectively.

The Obangede High Court of Kogi State [trial Court] found him guilty of the offence of culpable homicide punishable with death and convicted and sentenced him to death accordingly. The trial Court, however, struck out the other two heads of the Charge because they "should not have been joined to an offence as serious as the one in the first head - especially when the alleged victims are different.

At the trial Court, the Prosecution called six witnesses and also tendered Exhibit 3, his statement to the Police, where the Appellant stated that he came home from school to meet the deceased and his brother beating his mother, and that it was when they brought out "charms,…

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