n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

USMAN VS. STATE (2013) CLR 5(g) (SC)

Judgement delivered on May 17th 2013

Brief

  • Culpable homicide punishable with death
  • Standard of proof
  • Proof beyond reasonable doubt
  • Cause of death
  • Confessional statements

Facts

The Appellant is a native of Haragawa Village in Illellah Local Government Area of Sokoto State and was married to the deceased Salamatu Habibu. The marriage was contracted in 1992. On or about the 17th February, 1995, the deceased left their matrimonial home purportedly to fetch water and proceeded to her parent's home. Mediation efforts to reconcile the couple failed. On or about the 11th of March, 1995, the deceased died of injuries inflicted on her with the allegation on the Appellant to have caused her death. He was charged before the High Court Sokoto for culpable homicide punishable with death under Section 221 of the Penal Code. The Appellant was tried and convicted of the charge and sentenced to death by the Honourable Justice D. B. Sambo on the 16th May, 2006 and in dissatisfaction, Appellant appealed to the Sokoto Division of the Court of Appeal hereinafter also called the Court below. That court on the 8th April, 2010 dismissed the appeal and affirmed the judgment of the trial High court.

Further dissatisfied, the Appellant filed a Notice of Appeal

Issues

Whether the Court of Appeal was right in law in upholding the decision of the trial...

Read More