CORAM

OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT

U. MOHAMMED

A.I. IGUH

PARTIES

ALHAJI SALISU BABUGA APPELLANTS

THE STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The deceased Mamuda Gambo, was a neighbour of the appellant and P.W.1, Haruna Mohammed. They all met and drank after which the appellant, Alhaji Salisu Babuga invited P.W. 1 and the deceased for a trip to Bagauda Lake Hotel on a “picnic. On their way, the appellant stopped to ease himself, P.W. 1 and the deceased, also came out and walked a little in front of the car to urinate. As they squatted, the appellant entered the car and rolled over the deceased and P.W.1

HELD

The judgment of the Court of Appeal upholding the conviction of the appellant for culpable homicide under S. 221 of the Penal Code and the sentence of death passed by the trial Court are hereby affirmed.

ISSUES

Whether the evidence was withheld in this particular case. Whether the two medical reports could be admitted in evidence without the doctor himself being called

RATIONES DECIDENDI

CASES CITED

Onubogu v. The State (1974) 9 SC 1 at 20|Ogundipe & Ors. v. The Queen (1954) XIV WACA 465.

STATUTES REFERRED TO

None.|

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