MOHAMMED V. STATE

• Pages: 265-278

35

side under section 221(b) of the Penal Code.

ISSUE:

Whether corroborative evidence is prerequisite to conviction for culpable homi-

MOHAMMED V. STATE

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265

MOHAMMED V. STATE

5

ABDU MOHAMMED



APPELLANT

V.

10 THE STATE



RESPONDENT

APPEAL NO. S.C. 219/1990

SUPREME COURT OF NIGERIA,

KARIBI-WHYTE,



J.S.C.

15



KAWU,



J.S.C.

BELGORE,



J.S.C.

OLATAWURA,



J.S.C.

OMO,



J.S.C.

20 12th July, 1991.

Criminal Law and Procedure -

Culpable homicide - Evidence of sole eye-witness for

prosecution - Whether requires corroboration to secure conviction - Mens rea - Whether

25

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synonym

ous

with knowledge.

Evidence -

Culpable homicide - Corroboration - Whether required to secure conviction on

evidence of sole eye-witness for prosecution.

•

Trials -

Criminal - Allegation of suppression of evidence therein - Consequence of

Words and Phrases -

"Mens ma", "knowledge" and "intention" - Definitions of - Section

221, Penal Code.

30

FACTS:

The accused person was charged before the Kano High Court with culpable

40 homicide punishable under section 221(b) of the Penal Code. The prosecution's

case was that P.W.1, the only eye-witness, saw the accused in the night chasing

the deceased, an old man, with a stick in his hand. P.W.1 testified that the accused

hit the deceased very hard twice on the head and once near the ear and then the

old man fell down and died on the spot. The P.W.1 went to the nearby police station

45 and reported the incident. He came back to the scene later with a policeman,

P.W.3, who arrested the accused person. The accused thereafter made a voluntary

statement to the police (Exhibits 2 and 2A) where he admitted hitting the deceased.

Medical evidence showed that the deceased had wound on the head and the

cheek and also fractured skull and haemorrhage, which injuries might have been

50 caused by use of a hard blunt object. In his defence in the court, the accused

denied any knowledge of the incident testified to by the P.W.1 and the P.W.3.