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CaseLaw

Jimoh Shaibu V. State (2020) CLR 5(b) (SC)

Judgement delivered on May 22nd 2020

Brief

  • Confessional Statement
  • Alibi
  • Conspiracy
  • Common intention
  • Burden of proof in criminal cases
  • Section 79 of the Penal Code
  • Section 97 of the Penal Code.
  • Section 221 of the Penal Code.
  • Section 80 of the Penal Code
  • Section 221(b) of the Penal Code.

Facts

In the morning of 14/12/2006, at Adogo in Ajaokuta Local Government Area of Kogi State, a group of five men, led by one Yakubu Ahmed Audu (a.k.a. Tapo), who was Supervisor of Agriculture at the Ajaokuta Local Government Council, came looking for one Ozovehe Yusuf Abdulkareem, at his father’s house there.

When Ozovehe Yusuf Abdulkareem, who worked at the same Council, came out of the nearby house where he lived, the said Tapo, their ringleader, shot him with a sophisticated military assault rifle, which caused his death.

The said Tapo and the man that handed the said rifle to Tapo, were tried, convicted and sentenced to death by the Kogi State High Court on 14/4/2010, for causing the death of the said Ozovehe Yusuf Abdulkareem (the deceased).

The appellant and two other men, were said to be at large. However, the appellant was arrested almost five years later, on31/1/2011, and he was also tried, convicted and sentenced to death by the Kogi State High Court on 8/5/2012, for causing the death of the same “Ozovehe Yusuf Abdulkareem”.

His appeal to Court of Appeal was unsuccessful, as that court dismissed the appeal “as totally devoid of any merit. Aggrieved, the appellant appealed to this court.

Issues

Whether the Court of Appeal was right to affirm the trial court’s finding that the...

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