Just Decided Cases

ALHAJI SALISU BABUGA VS THE STATE

Legalpedia Citation: (1996) Legalpedia (SC) 11101

In the Supreme Court of Nigeria

HOLDEN AT ABUJA

Mon Jul 8, 1996

Suit Number: SC 123/1995

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.|


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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