CaseLaw
Iliyasu Vs. State (2015) CLR 2(a) (SC)
Judgement delivered on February 27th 2015
Brief
Facts
At the High Court of Kaduna State, the appellant in this appeal [as second accused person] and one Kabiru Muhammad [as first accused person] were charged with the offences of conspiracy under section 97 and Culpable Homicide punishable with death under 221 of the Penal Code. At the said High Court [hereinafter referred to as the "trial court"], they pleaded not guilty to the two counts.
In proof of its case, the Prosecution called eleven witnesses and tendered nine exhibits. On his part, the appellant [as second accused person] testified in his defence. He did not call any other witness. At the conclusion of the trial, the trial court (Coram Othman J), in its judgement of July 18, 2011, first, discharged and acquitted both accused persons on the count of conspiracy; it, equally, discharged and acquitted the first accused person [Kabiru Mohammad] on the second count of Culpable Homicide punishable with death. The appellant was unlucky as the trial court found him guilty, convicted and sentenced him to death by hanging.
He was, naturally, aggrieved by the outcome of the criminal trial against him, hence, his appeal to the Court of Appeal, Kaduna Division, (hereinafter, simply, referred to as “the lower court"). In its judgement of March 22, 2013, the lower court, [as per the leading judgement of Abiru JCA], dismissed the appellant's appeal. This further appeal is the appellant's persistent, quest for justice.
Issues
Whether or not the lower court's decision to affirm the trial court's conviction...