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MAKANA DADA v. THE STATE

(2017) LPELR-43468(SC)

In The Supreme Court of Nigeria

On Friday, the 15th day of December, 2017

SC.259/2013


Before Their Lordships

OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria

MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria

CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria

AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

MAKANA DADA - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Offence of Culpable Homicide Punishable with Death. 
FACTS:
This is an appeal against the judgment of the Court of Appeal, Sokoto Division delivered on the 9th day of December, 2011 which affirmed the conviction and sentence of the appellant by the trial Court.

The appellant was accused of using a matchet and inflicted several cuts over the body of the deceased, one Talina Ganya a result of which she died on or as about the 1st day of March, 2002. Prosecution called 3 witnesses, tendered 2 exhibits extra judicial statements of the appellant and a medical Report of the cause of the death of the deceased as Exhibits A1,B1 and B respectively. The High Court found appellant guilty as charged and accordingly sentenced him to death by hanging.

The Court of Appeal affirmed the conviction and sentence imposed by the High Court hence the appellant further appeal to the Supreme Court.



ISSUES:
The appeal was determined on a sole issue viz:

"Whether the Court of Appeal was right in affirming the conviction of the appellant for culpable homicide punishable with death having regard to the evidence before the Court."


DECISION/HELD:
In conclusion, the appeal was dismissed for lack of merit. The conviction and sentence to death of the Appellant was further affirmed.


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