(iii) that the defendant knew that he is by such act
likely to cause death.
-
Garba V. State (2013) 8 NCC 221.
State V. Odomo (2019) 24 WRN 164.
Tobi V. State (2019) 14 WRN 149.
Ola V. State (2019) 4 WRN 1.
Paul V. State (2019) 48 WRN 94.
By paragraph 4.3 of their adopted written address, the
defence counsel submitted that a careful examination
of the totality of the evidence of the prosecution
before this court, shows that the prosecution has
woefully failed to prove the elements of the offence of
Culpable Homicide not punishable with death against
the defendant beyond reasonable doubt. The question
then is, has the prosecuting counsel led any evidence
before this court which tends to prove the elements of
the offence of Culpable Homicide not punishable with
death? As to the 1st element, both PW1 and PW2
testified to the fact that one Ahmad is dead. With this
evidence of Usman Mustapha and Jafar Mustapha
who testified as PW1 and PW2 respectively, it is the
humble view of this court that evidence has been led
before this court by the prosecution establishing the
fact that one Ahmad is dead and therefore, the
prosecution has proved the 1st element of the offence.
As to the 2nd element, PW1 while giving evidence
before this court testified as follows:-
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