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(2022) JELR 109346 (CA)

Court of Appeal  •  CA/J/217/C/2021  •  11 Feb 2022  •  Nigeria

James Shehu Abiriyi, JCA Mudashiru Nasiru Oniyangi, JCA Olasumbo Olanrewaju Goodluck, JCA


JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 6th May, 2019 in the High Court of Bauchi State sitting at Bauchi.

In the High Court (the Court below), the Appellant and two other accused persons were tried and convicted for conspiracy and culpable homicide punishable under Sections 97 and 221 of the Penal Code.

The case of the Respondent against the Appellant as can be made out from the evidence of the five witnesses called by the Respondent is that sometimes in March, 2017 PW2 was engaged by the 1st accused and the Appellant to convey them and the victim on his commercial motorcycle to a certain destination. He did. When they reached a village called Kofar Maza at a particular place the 1st accused person told the PW2 to drop them as there was no passage from there. The PW2 did. He was given five hundred Naira (N500.00) and he returned home

The following day the PW2 heard over the radio that an old man was missing at Fadan…

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