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THE STATE V. MUSA RABIU

(2018) JELR 38975 (CA)

Court of Appeal  •  CA/K/545/C/2017  •  27 Apr 2018  •  Nigeria

Coram
OBIETONBARA O. DANIEL-KALIO JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Appearances
B. F. Abdullahi, Chief State Counsel, Ministry of Justice, Katsina StateAbubakar Idris, State CounselIbrahim Saidu, State Counsel For Appellant A. A. Machika, EsqAnjov Teryange, Esq For Respondent

Judgement

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): The facts leading to the appeal before this Court, are that the Respondent was arraigned before the High Court of Katsina State, Funtua Judicial Division, on the 27th June 2012 for a charge of committing:

culpable homicide punishable with death by doing an act, to wit: stabbing Rabiu Sirajo of the same address with a broken bottle on his stomach, with the knowledge that death would be the probable consequence of your (sic) act and thereby committed an offence punishable under Section 221 of the Penal Code.

At the hearing, three witnesses testified for the prosecution, with the investigator tendering the statement of the Respondent in Hausa and its English translation as Exhibits A and A1 respectively, following a trial within a trial. The Respondent was the sole witness in his defence, denying having committed the offence. At the conclusion of trial, the case was adjourned for judgment, with liberty to the defenc…

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