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MUDASSIRU SULEIMAN v. KANO STATE

(2014) JELR 36394 (CA)

Court of Appeal  •  CA/K/254/C/2012  •  25 Jun 2014  •  Nigeria

Coram
DALHATU ADAMU JCA; CFR JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kano State in Suit No K/16C/2009 delivered by Honourable Justice Yusuf Ubale on the 28th of March, 2012.

The Appellant was arraigned before the lower Court on a one count charge of culpable homicide punishable with death under Section 221 of the Penal Code and he was alleged to have killed one Usman Shehu Aliyu on the 11th day of May, 2008 at Hausawa Quarters in Tarauni Local Government Area of Kano State by stabbing him with a knife on the chest.

The Appellant pleaded Not Guilty to the charge and the matter proceeded to trial.

The Respondent called six witnesses and tendered exhibits in proof of the charge while the Appellant called three witnesses, including himself, in proof his defence. At the conclusion of trial, the lower Court found the Appellant guilty as charged and sentenced him to death. The Appellant was dissatisfied with the judgment of theā€¦

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