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RABI AMADI v. THE STATE

(2019) LPELR-47041(SC)

In The Supreme Court of Nigeria

On Friday, the 15th day of March, 2019

SC.901/2014


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


Between

RABI AMADI - 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 judgment of the Court of Appeal, Kaduna Division, delivered on the 20th August 2014, setting aside appellant's conviction and sentence under Section 221 of the Penal Code Law of Katsina State by the Katsina State High Court and substituting same with a conviction under Section 222(6) of the Penal Code Law and sentencing the appellant to five years imprisonment.

The brief facts of the case is that the appellant was charged at the High Court under Section 221 of the Penal Code for causing the death of her one day old baby by burying him alive. To prove its case against the appellant, the respondent called three witnesses and tendered five exhibits.  The appellant testified in her own defence. At the end of trial, the High Court found the appellant guilty as charged and sentenced her to death.

Dissatisfied with the High Court's judgment, she appealed to the Court of Appeal wherein the accused's conviction and sentence under Section 221 of the Penal Code Law of Katsina State by the Katsina State High Court was set aside and same was substituted with a conviction under Section 222(6) of the Penal Code Law and sentencing the appellant to five years imprisonment. 

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

ISSUES:
The Court determined the appeal on this sole issue couched as follows:
"Whether or not an appellate Court can substitute a conviction for a lesser offence for an aggravated offence an appellant is charged and convicted for by the trial Court"

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


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