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(2021) JELR 109523 (CA)

Court of Appeal  •  CA/KN/49/C/2019  •  10 May 2021  •  Nigeria

Hussein Mukhtar, JCA Habeeb Adewale Olumuyiwa Abiru, JCA Abubakar Muazu Lamido, JCA


HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kano State delivered in Suit No K/37C/2009 by Honorable Justice Amina Adamu Aliyu on the 27th of June, 2018.

The Appellant was charged with one count of culpable homicide punishable with death contrary to the provisions of Section 221(b) of the Penal Code of Kano State. The Appellant was alleged to have on or about the 17th day of February, 2003 at Damisawa Village within Kano Judicial Division committed culpable homicide by causing the death of one Salamatu Lawal by stabbing her with a knife on the neck with knowledge that her death was a probable consequence of his action. The Appellant pleaded not guilty to the charge and the matter proceeded to trial.

The records of appeal shows that trial commenced on the 11th of May, 2010 and that the Respondent called three witnesses and tendered documents in proof of its case. The first and second prosecution witness…

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