Yakubu Ahmed Audu V. The State (2015)

LAWGLOBAL HUB Lead Judgment Report

KUMAI BAYANG AKA’AHS, J.S.C.

The appellant was arraigned with Yakubu Mohammed on a two count charge of Criminal Conspiracy and Culpable Homicide punishable with death contrary to Sections 97(1) and 221(b) of the Penal Code. They pleaded not guilty to the charge and the prosecution called two witnesses to prove its case. The accused neither testified in person nor called any evidence for their defence. The trial Court found them guilty and sentenced them to death by hanging. They appealed to the Court of Appeal, Abuja but the appeals were dismissed. Each of the appellants then appealed to this Court. The appeal by the 2nd accused/appellant which is SC.15/2013 was heard and judgment delivered on 30th January, 2015. The appeal was allowed. The entire proceedings leading up to judgment, conviction and sentence of the appellant by the trial Court which was affirmed by the Lower Court was set aside and a re-trial ordered.

The judgment in Yakubu Mohammed vs The State in SC.15/2013 delivered on 30th January, 2015 applies mutatis mutandis to this appeal. Accordingly, the appeal is allowed and a re-

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trial of the accused/appellant before the Kogi State High Court is hereby ordered.

SC.14/2013