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Zemba Shivero v. The State

(1976) JELR 41672 (SC)

Supreme Court  •  SC.404/75  •  25 Mar 1976  •  Nigeria

Coram
DARNLEY ARTHUR RAYMOND ALEXANDER JSC; ATANDA FATAYI-WILLIAMS JSC; MOHAMMED BELLO JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): At the hearing on 17th March, 1976, we dismissed this appeal by the accused against his conviction in the High Court of the North Eastern State, sitting at Yola, of culpable homicide punishable with death. We now give our reasons for doing so.

The facts on which the conviction is based are as follows. Around night time on 28th March, 1972, Gamvo Jegam (3rd P/W) and his friend Yacha Damvisi (4th P/W) were drinking in Jegam's house in Jegam Village in Jalingo District. Not long after, the accused turned up at the house and asked for a drink. Jegam asked his wife to take the drink to the accused. As Jegam's wife was carrying the drink to the accused where he was sitting in the house, the accused got up, went to meet Volle Ndojidde (the deceased) who was then coming into the house, and stabbed him with a knife (Exhibit 1) on the ribs. The knife entered Volle's ribs on one side and came out on the other side. The accused also st…

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