CORAM

PARTIES

SALE ADO(ALIAS DANGAJERE)  APPELLANTS

THE STATE

RESPONDENTS

AREA(S) OF LAW

None

SUMMARY OF FACTS

The Appellant and his co-accused were charged in the Kano State High Court for conspiracy, robbery and culpable homicide punishable with death under Sections 97,298(c) and 221 of the Penal Code respectively. During trial, the extra judicial statements of the accused persons were tendered but the defence objected on the grounds that the statements were not made voluntarily. After a trial within trial, the statements of both accused persons was found not to have been voluntarily made and same were rejected. The court subsequently closed the case of the prosecution due to persistent absence in spite of several hearing notices served on them. At the close of the defence and case adjourned for judgement, the prosecution moved a motion for leave to call some witnesses who were yet to testify and sought for an order staying the filing and adoption of final addresses pending the closure of the prosecution’s case after the evidence of the witnesses sought to be called. The application was not opposed and same was granted. At the conclusion of trial, the court found the Appellant guilty on all three counts and sentenced to 3years imprisonment for conspiracy, 5 years imprisonment for robbery and death by hanging for the offence of culpable homicide with death.  Not satisfied with the judgment, the Appellant appealed to the Court of Appeal Kaduna Division which affirmed the judgment of the trial Court. Still dissatisfied with the lower Court’s decision, the Appellant has appealed to the Supreme Court.

HELD

Appeal Dismissed

ISSUES

?    Whether the learned Justices of the Court of Appeal were right when they affirmed the procedure embarked upon by the prosecution at the trial.?    Whether the learned Justices of the Court of Appeal were right in affirming the trial court’s decisions that the prosecution   had   proved   their case beyond reasonable doubt and affirmed the conviction and sentence of the appellant

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria 1999Criminal Procedure Code

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