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SUNDAY USMAN v. THE STATE

(2021) JELR 109294 (CA)

Court of Appeal  •  CA/ABJ/CR/271/2020  •  1 Sep 2021  •  Nigeria

Coram
Abubakar Datti Yahaya, JCA Stephen Jonah Adah JCA Peter Olabisi Ige, JCA

Judgement

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Kogi State High Court sitting at Idah, delivered by Justice F. Ajayi on the 28th November, 2019 wherein the appellant was convicted, alongside three others for the offences of conspiracy, attempted culpable homicide, and voluntarily causing grievous hurt.

A brief statement of facts of this case are as follows:

The appellant with four other persons were arraigned at the trial Court on the 18th October, 2018 on a three count information for the offences of conspiracy, attempted culpable homicide, and voluntarily causing grievous hurt contrary to Sections 97, 229 and 248 of the Penal Code respectively. Thereafter, the appellant being the 2nd defendant, pleaded not guilty to the charge and the case proceeded to trial.

At the trial, the Prosecution, now respondent called a total of six witnesses, in proof of its case while the defendants testified for themselves, and additionally cal…

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