IGBANI JOHNSON KALU v. INSPECTOR-GENERAL OF POLICE
April 13, 2025YILA GIDEON vs. THE STATE
April 13, 2025Legalpedia Citation: (2017) Legalpedia (CA) 11282
In the Court of Appeal
HOLDEN AT YOLA
Mon Jul 24, 2017
Suit Number: CA/YL/67C/2016
CORAM
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE OYEBISI F. OMOLEYE
HON. JUSTICE JAMES SHEHU ABIRIYI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
HON. JUSTICE SAIDU TANKO HUSAINI
PARTIES
DANJUMA GIDEON APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant and three other were tried, convicted and sentenced to death for conspiracy and culpable homicide punishable with death contrary to Section 97 and 221 Penal Code in the High Court of Gombe State. The deceased died as a result of a fight that ensued over a standing dispute between the families of the Appellant and the deceased persons as to the boundary of their lands. The trial Court found the offences proved beyond reasonable doubt and convicted the Appellant and sentenced him to death after considering the evidence and possible defences available to the Appellant and the written addresses of learned counsel for both parties. Aggrieved by the trial court’s decision, the Appellant has filed the instant appeal before this Court. ?
HELD
Appeal Dismissed?
ISSUES
{C}Ø {C}Whether the Honourable Trial Court was not wrong when it failed to give proper consideration to and declined to uphold any of or all the defences of property, provocation and self defence raised by and/or available to the Appellant and his co-accused from the evidence adduced before the trial Court? (Grounds 1, 11, 12 and 14). {C}Ø {C}Whether the trial court was right to have admitted in evidence and/or relied upon the testimony of PW6 and the Medical and Coroner’s reports (i.e. Exhibits I, J, K and L) having regard to the fact that the evidence of PW6 and the said Exhibits are not admissible in law and lack any probative value to warrant the conviction of the Appellant by the trial Court? (Grounds 2 & 3). {C}Ø {C}Considering the totality of evidence adduced by the witnesses of the Appellant and those of the Respondent at the trial Court whether the trial court was not wrong to have found that the Respondent proved beyond reasonable doubt the two counts charge against the Appellant? (Grounds 4, 5, 10, 13, 15, 16, 17 and 18). {C}Ø {C}Having regards to the nature and probative value of the testimonies of witnesses on record with respect to the acts of the Appellant at the scene of the incident, whether the trial court was not wrong to have found that it was the acts of the Appellant that resulted to the death of the (sic) either of or both deceased persons? (Grounds 6, 7, 8 and 9).?
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Criminal Procedure Code, Evidence Act, andPenal Code
