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MATI MUSA v. THE STATE

(2019) LPELR-46350(SC)

In The Supreme Court of Nigeria

On Friday, the 11th day of January, 2019

SC.902/2014


Before Their Lordships

WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

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

JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria


Between

MATI MUSA - 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 Kaduna. 

By a charge dated 5th July, 2006, the appellant was arraigned by the respondent before the Katsina State High Court, sitting at Dutsin Ma, for the offence of Culpable Homicide punishable with death under Section 221 of the Penal Code. He had caused the death of one Salihu Yusuf on the 3rd day of May 2004 by hitting him with a stick on his head. The appellant pleaded not guilty to the charge. Six witnesses testified for the respondent through whom four exhibits were tendered and admitted in evidence. The appellant testified for himself. He called no other witness in his defence. 

At the end of trial, the High Court found the appellant guilty as charged and convicted him accordingly in its judgment dated 5th December, 2012. Aggrieved, the appellant appealed to the Court of Appeal, Kaduna Division, vide a notice filed on the 14th November, 2013 containing five grounds. Allowing the appeal in part, the Court set aside appellant's conviction under Section 221 of the Penal Code and substituted it with one under Section 224 of the same code for culpable homicide not punishable with death and sentenced him to ten years imprisonment. 

Still dissatisfied, the appellant appealed to the Supreme Court.

ISSUES:
The Court determined the appeal on the issue that the available evidence does not sustain appellant's conviction for culpable homicide not punishable with death under Section 224 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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