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CaseLaw

Alpha Paul V. State (2019) CLR 4© (SC)

Judgement delivered on on April 12th 2019

Brief

  • Intention – Meaning of
  • Culpable Homicide punishable with death
  • Burden and standard of proof in Criminal cases
  • Medical report
  • Confessional statement
  • Section 221(a) of the Penal Code
  • Section 222 of the Penal Code
  • Section 220 of the Penal Code
  • Section 36 (5) of the Constitution
  • Section 249 (3) (c) of the Criminal Procedure Code
  • Section 249 (3) (b) of the Criminal Procedure Code
  • Section 249 (3) (a) of the Criminal Procedure Code
  • Section 249 (3) of the Criminal Procedure Code
  • Section 135 (2) of the Evidence Act 2011
  • Section 135 (1) of the Evidence Act 2011
  • Section 28 of the Evidence Act 2011

Facts

The Appellant herein was on the 21st of January, 2011, arraigned before the Taraba State High Court, on a one count charge of culpable homicide punishable with death under Section 221(a) of the Penal Code.

Appellant pleaded not guilty to the charge. In order to prove its case, the prosecution called five witnesses and tendered various items including a medical report which was tendered from the bar. These items were admitted in evidence. Parties addressed the Court through their respective Counsel. In a reserved and considered judgment delivered on the 27th April, 2012, Andenyangtso J., found the Appellant guilty as charged and sentenced him to death by hanging till he be dead.

The Appellant felt aggrieved and therefore filed an appeal at the Court of appeal Yola Division. His appeal was heard and in a unanimous decision of the lower Court, (Coram Bada, Sankey and Jauro JJCA) delivered on the 19th December, 2013, his appeal was dismissed. The instant appeal is against the decision of the lower Court. The Appellant's notice of appeal at pages 199-206 of the record of this appeal, filed on the 11th March 2014 contains eight grounds of appeal.

Issues

Whether the Honourable Justices of the Court of Appeal were right to rely...

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