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(2021) JELR 109650 (CA)

Court of Appeal  •  CA/A/198C/2019  •  7 May 2021  •  Nigeria

Rita Nosakhare Pemu, JCA Hamma Akawu Barka, JCA Ebiowei Tobi, JCA


HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the judgment of the High Court of Niger State of Nigeria, Minna Judicial Division, presided by the Honorable Justice Abdullahi Mikailu, and delivered on the 21st day of June, 2018. By the said judgment, Appellant was convicted for the offence of culpable homicide punishable of death under Section 221 of the Penal Code Law, Cap. 94 Laws of Niger State and sentenced to death by hanging.

The genesis of the Appellant's travails started when on the 5th day of December, 2016, he was alleged to have caused the death of one Saidu Gbenche of Jankasa village vis Guni in Munga Local Government Area of Niger State by matcheting him on the head with his cutlass leading to his death on the spot.

​When Appellant was arraigned before the High Court on the 20th day of February, 2018, and the charge against him read to his understanding, Appellant pleaded not guilty. The prosecution proceeded to call three witnesse…

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