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ASHARE AYABA v. THE STATE

(2018) LPELR-44495(SC)

In The Supreme Court of Nigeria

On Friday, the 18th day of May, 2018

SC.260/2013


Before Their Lordships

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

EJEMBI EKO Justice of The Supreme Court of Nigeria

PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

ASHARE AYABA - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Criminal Law and Procedure.
FACTS:
This is an appeal against the decision of the Court of appeal sitting in Sokoto.

The appellant, and his co-accused persons/ were arraigned at the Yauri Judicial Division of the Kebbi State High Court for the offence of Culpable Homicide punishable with death under Section 221 (b) of the Penal Code. Sequel to the not-guilty plea of the appellant, the case went to trial. The Prosecution's case was presented by five witnesses. The following exhibits were tendered, namely, exhibits A and A1, the first accused person's statements; exhibit B, medical report; exhibits E and E1 and F and F1, statements of the second accused person; exhibits, G, H and H1, two cutlasses and their shields, respectively.

???The appellant, who testified as DW2, denied knowledge of the Prosecution's witnesses. He equally, disclaimed any knowledge of the incident that prompted his trial. The Prosecution's case was that on April 28, 2007, at Jajjaye village, Shanga Local Government Area, the appellant, and a co-accused person, the deceased person and other people attended a traditional marriage ceremony. One Gano Jaye, who, allegedly, had stolen the wife of one Koshi Magaji, a brother to the co-accused person, also, was at the ceremony. 

The said Gano was ordered out of the ceremony. As he did, the co-accused person, armed with a stick, followed him. The co-accused person cut the deceased person with his cutlass on his shoulder. Meanwhile, the appellant, who was outside, saw Gano Jaye running out of the place. When he [the appellant], saw the deceased person on the ground, he cut him [the deceased person] on the head whereupon he [the deceased person] died.

The High Court convicted and sentenced them to death. Having lost his appeal at the Court of Appeal, Sokoto Division, the appellant, further appealed to the Supreme Court.

ISSUES:
The Court determined the appeal on this sole issue couched as follows:

"Whether the Court of Appeal was right in holding that there was no evidence of provocation to be considered in favour of the appellant as it was not raised by the appellant, nor was it raised or alluded to, at all in the evidence before the Court?"

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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