HABIBU USMAN V. THE STATE
(2013) JELR 35938 (SC)
Supreme Court
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SC.193/2010
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17 May 2013
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Nigeria
Coram
MAHMUD MOHAMMED JSC;
JOHN AFOLABI FABIYI JSC;
BODE RHODES-VIVOUR JSC;
MARY UKAEGO PETER-ODILI JSC;
KUMAI BAYANG AKA'AHS JSC;
Appearances
Nnamouso Etanem, Iniabasi Udobong. For Appellant
Nuhu Adamu, (A.G. Sokoto), Zulai Bello Miss, Acting Director Legal Drafting, Maryam Attahiru, State Counsel II, Yahaya Abubakar State Counsel II For Respondent
Judgement
<p><strong>MARY UKAEGO PETER-ODILI, JSC (Delivering the Leading Judgment):</strong> The Appellant is a native of Haragawa Village in Illellah Local Government Area of Sokoto state and was married to the deceased Salamatu Habibu. The marriage was contracted in 1992. On or about the 17th February, 1995, the deceased left their matrimonial home purportedly to fetch water and proceeded to her parent's home. Mediation efforts to reconcile the couple faired. On or about the 11th of March, 1995, the deceased died of injuries inflicted on her with the allegation on the Appellant to have caused her death. He was charged before the High Court Sokoto for culpable homicide punishable with death under Section 221 of the penal Code. The Appellant was tried and convicted of the charge and sentenced to death by the Honourable Justice D. B. Sambo on the 16th May, 2006 and in dissatisfaction, Appellant appealed to the Sokoto Division of the Court of Appeal hereinafter also called the Court below. That court on the 8th Apr…</p>