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CaseLaw

State V. Yahaya (2019) CLR 5(n) (SC)

Judgement delivered on May 10th 2019

Brief

  • Confessional statement
  • Burden and Standard of proof in criminal cases
  • Identification Evidence
  • Section 27(1) of the Evidence Act
  • Section 27(10) of the Evidence Act

Facts

This is an appeal against the judgment of the Court of Appeal Kaduna Division (the lower or Court below) delivered on the 19th of February, 2016 which set aside the judgment of the High Court of Justice, Katsina State ("the trial Court" for short).

FACTS OF THE CASE

The respondent with five other co-accused persons were alleged to have robbed one Alh. Ummaru Masanawa (the Village Head of Sabuwar Kasa, at Sabuwar Kasa village in Kafur Local Government Area of Katsina State of the sum of N30,000. The victim was thereafter shot with a gun which led to his death.

At the trial, the appellant called eight (8) witnesses and tendered several exhibits, while the respondent who was the sixth accused person, testified for himself. At the conclusion of the trial, the learned trial judge found the respondent and the other five co-accused persons guilty as charged and sentenced them accordingly.

Dissatisfied with the judgment of the trial Court, the respondent as the 6th accused person, appealed to the Court below successfully, wherein he was discharged and acquitted. The present appellant not satisfied with this judgment of the Court below, has now appealed to the Supreme Court.

Issues

  • 1
    Whether there are cogent evidence outside the retracted confessional...
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