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CaseLaw

Abdu V. State (2016) CLR 12(M) (SC)

Judgement delivered on 16th December, 2016

Brief

  • Issues for determination
  • Grounds of appeal
  • Culpable homicide punishable with death
  • Burden and standard of proof in criminal cases
  • Guilt
  • Confessional Statement
  • Provocation
  • Section 138 of the Evidence Act
  • Section 221 of the Penal Code
  • Section 221(b) of the Penal Code

Facts

This is an appeal against the Judgment of Court of Appeal Kaduna division ("the Lower Court") delivered on 21st February, 2014 which affirmed the judgment of Jigawa State High Court of Justice (hereinafter called the trial Court).


The appellant was arraigned before the trial High Court on allegation of causing the death of his wife Binta, on 30th April, 2007 at Falgore village in Jahun Local Government of Jigawa State by matchetting her to death on the head, contrary to Section 221 of the Penal Code of Jigawa State.

At the trial, the prosecution called five witnesses and tendered some exhibits in order to prove its case, while the appellant did not give evidence or call any witness but instead, he rested his case on that of the prosecution/respondent. Both parties at the end of the trial, waived their rights of address. In the end, the trial Court found the appellant guilty as charged and sentenced him to death. Dissatisfied with the judgment of the trial Court, the appellant filed an appeal before the Lower Court which heard his appeal and affirmed the judgment of the trial Court. Further aggrieved with the judgment of the Lower Court, the appellant has now appealed to this Court.

Issues

Whether considering the evidence adduced before the trial Court, the...

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