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CaseLaw
The Appeal herein is against the judgment of the court of Appeal Sokoto Division delivered on the 30th day of April, 2010 in which the Court of Appeal Sokoto, hereinafter called lower court, affirmed the decision of the High Court Sokoto which convicted the accused, now appellant of culpable homicide punishable with death and sentenced him to death under section 221(b) of the penal Code.
The facts of this case are stated thus:-
The appellant, Mohammed Ladan, a civil servant and at the same time a student of Shehu Shagari College of Education Sokoto, lived in Gidan Madi, Tangaza Local Government Sokoto. After his lecture on 6/4/2002 whilst waiting for taxi at the school gate according to his story, the appellant saw a woman selling traditional medicine. He then asked for malaria medicine and was given some liquid. On taking the liquid he could not remember what happened only to find himself at the police station being accused of killing HAJIYA HAUWA his mother on the same date. He was arraigned in the High Court Sokoto for culpable homicide punishable with death under Section 221 of the Penal Code.
Upon arraignment, the appellant pleaded not guilty to the charge. At the end of trial, the appellant was found guilty, convicted on the charge and sentenced to death.
Dissatisfied, an appeal was lodged at the Court of Appeal which was unsuccessful and unanimously dismissed.
Aggrieved, the appellant appealed to the Apex Court.
Whether the guilt of the appellant was proved beyond reasonable doubt...