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KAMARU YUSUF v. THE STATE

(2012) JELR 35101 (CA)

Court of Appeal  •  CA/IL/C.1/2011  •  15 Mar 2012  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; IGWE GEORGE MBABA JCA; OBANDE OGBUINYA JCA;

Judgement

OBANDE OGUINYA, JCA: (Delivering the Leading Judgment): This appeal arose from the judgment of the Kwara State High Court, presided over by Hon. Justice Halima Saleeman, and delivered on 07/07/2009. In that judgment, the lower court convicted the appellant, along with another accused person, for the four offences he was charged with.

As can be garnered from the record of proceedings in the lower court, the appellant, Kamaru Yusuf, was arraigned, together with two other accused persons, Adebisi Adesakin and Salihu Oyewale, on a four-count information of criminal conspiracy to kidnap, criminal conspiracy to commit culpable homicide, kidnapping and culpable homicide punishable with death against one Omobolanle Moses punishable under sections 97, 274 and 221 of the Penal Code.

From the evidence on record, the facts of that case, leading to this appeal, are not complicated. The deceased, Omobolanle Moses, was an 8-year old little girl living with Rachael Oyelamin, the mother of Alimi Olanr…

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