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STATE v. AHMED

(2020) JELR 87183 (SC)

Supreme Court  •  SC.511/2016  •  24 Jan 2020  •  Nigeria

Coram
OLUKAYODE ARIWOOLA JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC AMINA ADAMU AUGIE JSC PAUL ADAMU GALUMJE JSC UWANI MUSA ABBA AJI JSC

Judgement

OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal by the State, against the judgment of the Court of Appeal, Abuja division delivered on 17th day of March, 2016 wherein the appeal by the respondent was allowed and the judgment of the trial Court, which convicted and sentenced the respondent, was set aside. The respondent was accordingly acquitted and discharged.

The respondent had been arraigned in the High Court of Niger State, sitting at Suleja. He was charged with the following offence:

"That you Ali Ahmed of Water Board Area, Suleja, Niger State on or about the 2nd of November, 2009 at about 15.35 hours within Suleja Judicial Division at Katoma River Suleja stabbed Mohammed Bello to death with a furniture knife and you thereby committed offence of culpable homicide, contrary to Section 221 of the Penal Code."

Upon the reading of the charge, the respondent pleaded not guilty and the case proceeded to trial. The prosecution called three (3) witnesses - PW…

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