CASE TITLE: DAHIRU v. STATE (2023) LPELR-60715(CA))
JUDGMENT DATE: June 9, 2023
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: JAMES GAMBO ABUNDAGA, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on Criminal Law and Procedure.
FACTS:
This is an appeal against the decision of the High Court of Sokoto State delivered on July 27, 2021, wherein the appellant was found guilty for the offenses of culpable homicide punishable with death and House Trespass under Sections 221(b) and 350 of the Penal Code and was accordingly sentenced to death. However, the convict being a person who was 16 years old at the time he committed the offense, the Court directed that he be remanded at the pleasure of the Governor.
The appellant, along with two others, was charged before the lower Court for offenses of conspiracy, house trespass, abetment, and culpable homicide punishable by death. Upon arraignment, all the defendants pleaded not guilty, and the case proceeded to trial. In the course of the trial, the prosecution called six witnesses and tendered documentary exhibits, while the appellant and his co-defendants each testified and tendered some documentary exhibits. At the conclusion of the trial, the appellant alone was convicted for the offenses of House trespass and culpable homicide, punishable with death.
Dissatisfied, appellant appealed
ISSUES FOR DETERMINATION:
The appeal focuses on the lower court’s conviction of the appellant for conspiracy and culpable homicide based on a retracted confession. The court also considers the evidence of the knife, medical report, and Pw4’s testimony, rejecting the appellant’s alibi defense, and sentencing the 17-year-old to death in one breath and remanding at the Governor’s discretion.
DECISION/HELD:
In conclusion, the appeal was dismissed.
RATIOS:
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