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HABIBU USMAN V. THE STATE

(2010) JELR 53857 (CA)

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

Coram
MUSA D. MUHAMMAD JCA ( Presided and Read the Lead Judgment) AHMAD OLAREWAJU BELGORE JCA MASSOUD ABDULRAHMAN OREDOLA JCA

Appearances
Nnamonso Ekanem Esq. - for the Appellant. -*- A.A.Kaoje (holding brief of Zulai Bello (Mrs.)) - for theRespondent.

Judgement
<p>MUHAMMAD JCA (Delivering the Lead 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 Penal Code. The judgment is dated 25April 2006. The undisputed facts of the case leading to the judgmentof the court and this appealare 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 the deceased was intended to g…</p>

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