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(2019) LPELR-47037(SC)

In The Supreme Court of Nigeria

On Friday, the 15th day of March, 2019


Before Their Lordships

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

AMIRU SANUSI Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


YOHANNA DANJUMA - Appellant(s)


THE STATE - Respondent(s)

Other Citations

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This appeal borders on the offences of conspiracy and culpable homicide not punishable by death.
This is an appeal against the judgment of the Court of Appeal, Kaduna, affirming the decision of the High Court of Kaduna State, delivered by Justice G.I. Kurada.

The Appellant (second accused person at the trial Court) was arraigned before the trial High Court for criminal offences of conspiracy, punishable under Section 97 of the Penal Code Law of Kaduna State and culpable homicide punishable under Section 221 of the Penal Code Laws of Kaduna State. The Appellant and the co-Accused pleaded not guilty. According to an eyewitness, on 1 February, 2008, at about 6 a.m, he heard shouts coming from the direction of the Makama Adamu's (deceased) house. On getting there, he met the three accused persons, who had carried the deceased from inside the house and were beating him. He then separated them. He met the deceased lying down and made arrangements to take him to the hospital. The deceased died on the same day the fight took place.

In the course of the trial, the prosecution called witnesses who testified on its behalf and tendered several documents in evidence among which was the confessional statement of the Appellant. In defense, the Appellant testified in person and called no other witness. After the close of proceedings, the trial Court found that the Prosecution had proved its case beyond reasonable doubt and the Appellant was convicted for the offences of conspiracy and culpable homicide not punishable with death pursuant to Section 222(7) of the Penal Code. He was sentenced to one (1) year imprisonment for criminal conspiracy and five (5) years imprisonment for the offence of culpable homicide not punishable with death, both sentences to run concurrently. 

Appellant appealed unsuccessfully to the Court of Appeal, hence, he appealed to the Supreme Court.

The Supreme Court identified the following sole issue for determination:
"Whether given the circumstances of this case, the Court below was right in affirming the judgment of the trial Court which convicted and sentenced the Appellant for the offences of Criminal Conspiracy and Culpable Homicide not punishable with death punishable under Sections 97 and 224 of the Penal Code Law."
In conclusion, the Supreme Court resolved the sole issue against the appellant and dismissed the appeal.

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