CaseLaw
Galadima V. State (2012) CLR 12(n) (SC)
Judgement delivered on December, 14th 2012
Brief
Facts
The appellant was arraigned before the Kebbi State High Court on a One Count Charge of Homicide punishable with death contrary to Section 221(b) of the Penal Code. Appellant was alleged to have hit the deceased with an axe on the head. This was stated in his Confessional Statement. The Medical Report of the Doctor who performed the deceased's post-mortem shows that the deceased's death was due to "deep laceration on the head and skull involvement".
Appellant pleaded not guilty to the Charge. At the trial, the prosecution called two witnesses and tendered the statement of the Appellant. There was no eye witness account of how appellant killed deceased. The appellant who raised the defence of provocation did not adduce any evidence in support of the defence. He elected not to give evidence. He rested his case on that of the Prosecution. The learned trial Judge found him guilty of the offence charged. He was accordingly convicted and sentenced to death by hanging. His appeal to the Court of Appeal was dismissed. Aggrieved, he further appealed to the Supreme Court.