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BELLO USMAN v. THE STATE

(2018) JELR 38453 (CA)

Court of Appeal  •  CA/IL/C.90/17  •  2 Mar 2018  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The High Court of Kwara State in its judgment delivered on the 24th day of March, 2017, delivered by S.D. Kawu, C.J. convicted the Appellant for the offence of culpable homicide under Section 221 of the Penal Code of Kwara State and sentenced him to death by hanging.

The background facts are that the Appellant was arraigned before the trial Court for the offences of criminal conspiracy and culpable Homicide punishable with death contrary to Sections 97 and 221 respectively of the Penal Code Law.

At the trial, the appellant pleaded not guilty to the charges. The Respondent called six (6) witnesses and tendered thirty six (36) Exhibits marked Exhibits P1 P25, P26, P27, P28/P28A, P28/P29, P30/P30A, P31/P31A, P32/P32A, P33/P33A, P34/P34A, P35/P35A and P36. The Exhibits are the twenty five (25) Shells of AK47 rifle, statement of the appellant (accused) dated 20/06/2016, statement of the accused (appellant) dated 23/06/2016, the six …

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