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WADATA ISAH v. THE STATE

(2017) LPELR-43472(SC)

In The Supreme Court of Nigeria

On Friday, the 15th day of December, 2017

SC.321/2012


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

WADATA ISAH - 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 decision of the Court of Appeal, Sokoto Division delivered on 17th May 2011, wherein the Court of Appeal unanimously affirmed the judgement of the High Court convicting the Appellant of the offence of culpable homicide punishable with death under Section 221 of the Penal Code.

The facts of the case are that on 29th October, 2008, the Appellant stabbed one Hamidu Mohammed a Police Constable with a knife at the back of his neck which resulted in the death of his victim. He was arrested, investigated, charged to Court, tried and convicted for the offence of culpable homicide punishable with death contrary to Section 221 of the Penal Code.

On 22nd May, 2010 the Appellant was found guilty of the offence for which he was charged and was consequently convicted and sentenced to death by hanging. Dissatisfied with his conviction, the Appellant appealed to the Court of Appeal Sokoto Division through a Notice of Appeal dated 31st March 2010. The appeal was heard and on 11th July 2012, the Court of Appeal delivered its judgement and unanimously dismissed the appeal while affirming the conviction and death sentence of the High Court.

Dissatisfied with the decision, the Appellant appealed to the Supreme Court.

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

"Whether the Court of Appeal was right to have upheld the conviction and sentence of the Appellant for culpable homicide under Section 221 of the Penal Code."

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


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