Abu Damo V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria

INTRODUCTION: This appeal borders on Evidence, specifically contradictions in evidence of a witness. FACTS: The appeal is against the judgment of Hon. Justice D.B. Sambo of High Court of Justice delivered on 13/3/2014.

The accused (now appellant) along with 19 others were charged with committing the offence of Culpable Homicide punishable with death under Section 221(b) of the Penal Code in that they caused the death of one Ardo Umaru ‘M’? by inflicting serious bodily injuries with cutlass and sticks on him, as a result of which he died on the spot. ISSUE(S) FOR DETERMINATION: Of the three issues formulated by Appellant’s counsel, the Court of Appeal adopted issue No. 3 as formulated for the determination of the appeal.

Issue No 3: Whether a case of culpable homicide punishable with death was made out before the Court below to justify the conviction and sentence of the appellant? HELD: In conclusion, the sole issue was resolved in favour of the appellant and the appeal was allowed.

The conviction and sentence of the accused at the trial court were set aside and the accused was thereby discharged and acquitted.

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Other Citation: (2016)LCN/9272(CA)

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