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CaseLaw

Karimu Vs. State (1996) CLR 5© (CA)

Judgement delivered on May 16th 1996

Brief

  • Findings of fact
  • Failure to appear on hearing days
  • Tainted witness
  • Provocation
  • Self defence
  • Unchallenged evidence

Facts

The facts of the prosecution's case (as established "by its six witnesses and documentary exhibits) before the lower court are as follows: -

In the morning of 31/8/89, the appellant who was going to his farm and passing through Ikereku Village at about 7.00 a.m. was confronted by one Yekini Saibu (P.W.3) in connection with an earlier threat said to have been made by the said appellant against one Rabiu Bello (the Head of Ikereku Village) and a relation of the said P.W.3). When P.W.3 made inquiries from the appellant concerning the alleged threat to Rabiu Bello, the appellant assaulted P.W.3 by pointing P.W.3's nose with his finger. Thereupon a fight ensued between the appellant and P.W.3. It was in the course of the fight between the appellant and P.W.3 that the deceased (Sunday Aremu) emerged from his house, which was near the scene of the fight, and intervened in an attempt to separate the two fighters and mediate between them. All of a sudden, the appellant brought out a cutlass from his farmer's bag and inflicted a cut or wound with it on the deceased's left arm. The deceased later died from the wound inflicted on him by the appellant. The appellant's counsel raised the defence of self defence and provocation based on the circumstances arising from his own version in his evidence in chief but the defences were rejected by the trial court which convicted the appellant and sentenced him to death. It is against the verdict of the trial court that the appellant is now appearing in this court.

Issues

  • 1.
    Whether on the totality of the evidence adduced before the....
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