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HABIBU USMAN v. THE STATE

(2010) JELR 33225 (CA)

Court of Appeal  •  CA/S/93/C/09  •  8 Apr 2010  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; AHMAD OLAREWAJU BELGORE JCA; MASSOUD ABDULRAHMAN OREDOLA JCA;

Judgement

MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Sokoto State High Court, Per Sambo J, convicting and sentencing the Appellant, Habibu Usman, for culpable Homicide punishable with death under section 221 of the pend(sic) code. The judgment is dated 25th April, 2006. The undisputed facts of the case leading to the judgment of the court and this appeal are hereunder supplied immediately.

The Appellant got married to Salamatu, now deceased, in 1992. The two were cousins. Marriages between cousins are allowed in Hausa land where both came from. Like others that had also failed, the one between the Appellant and his deceased wife has had fatal consequences. Beyond the murder of his cousin and wife that he was convicted and sentenced for, and against which conviction and sentence this appeal is all about, serious steps must be taken to heal such deadly injury inflicted on the greater unity the marriage between the Appellant and t…

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