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HAYATU UMAR v. THE STATE

(2018) JELR 33451 (SC)

Supreme Court  •  SC.505/2014  •  26 Jan 2018  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JSC; KUMAI BAYANG AKA'AHS JSC; JOHN INYANG OKORO JSC; CHIMA CENTUS NWEZE JSC; EJEMBI EKO JSC;

Judgement

KUMAI BAYANG AKA'AHS, J.S.C.(Delivering the Leading Judgment): This is a substantive appeal not interlocutory (as described in the introduction of the respondent's brief). It is against the judgment of the Court of Appeal, Sokoto Division in Appeal No. CA/S/20C/2013 delivered on 28 March, 2014 which affirmed the conviction of the appellant for the offence of culpable homicide punishable with death by the Sokoto State High Court. The appellant was sentenced to death by hanging on 25 June, 2012 by Abass J. (as he then was) in Charge No.SS/18C/2010.

The facts leading to this appeal are as follows:-

On 22 November 2009, which was a Sunday and Illela market day, the appellant went to the deceased's house thrice to look for him but did not meet him. On the 3rd occasion PW4 who is the deceased wife asked him why he was looking for her husband and he answered that someone wanted the deceased to use his camel to carry goods. On the fourth visit, the appellant met the deceased and they went out t…

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