CaseLaw
Adamu Sheidu V. State (2014) CLR 6(b) SC.
Judgement delivered on June, 6th 2014
Brief
Facts
There had been a lingering boundary dispute between the mothers of the appellant and deceased re-occurred and the village/ward head called "Gago" was invited by the appellant's mother to demarcate the boundary between the two families. During the process of the demarcation, there were serious altercations between members of the two disputing families which resulted into a fight in the course of which the appellant stabbed the deceased on the chest which led to his instantaneous death.
The appellant was arraigned on a one count charge of Culpable Homicide punishable with death under S.221 of the Penal Code.
The learned trial Judge who took and heard the evidence, in his considered judgment, concluded that the defence of provocation was validly raised and invoked Section 222 (1) Penal Code to hold that a person who commits culpable homicide and validly raises the defence of provocation can only be guilty of culpable homicide not punishable with death under Section 224 of the Penal Code. He consequently sentenced him to 10 years imprisonment.
The appellant was dissatisfied and appealed against the conviction and sentence arguing that the defence of self - defence was not considered by the trial court. The lower court dismissed the appeal thereby prompting a further appeal to this Court.
Issues
Whether the Court of Appeal was wrong in agreeing with the trial court that the...