ONU, J.S.C.(Delivering the Leading Judgment): The appeal herein is sequel to the trial and conviction of the appellant by the High Court of Bauchi State sitting in Bauchi (per Ike Okoye, J.) on 16th September, 1986 for the offence of culpable homicide punishable with death contrary to section 221 of the Penal Code. The facts of the case are briefly that on the 14th day of February, 1985 at Kumo in Bauchi State, the appellant then walking on a road in company of other Fulanis, at about 10.30 p.m., had an altercation with the deceased, police constable Sabaru Garba, then in company of one Aishatu Alhassan. That the appellant stabbed him (the deceased) after both men engaged in a struggle and in the ensuing fight with a knife to his stomach, knowing that death would be the probable consequence of his act. The prosecution called seven witnesses in all while the appellant testified and called one witness for the defence. The trial court, in a well considered judgment, convicted and sentenc…
BATURE
V.
THE STATE
(1994) JELR 45355 (SC)
Supreme Court 21 Jan 1994 Nigeria
BriefBot Summary
- The appellant was tried in the High Court of Bauchi State and convicted of culpable homicide punishable by death under section 221 of the Penal Code for the fatal stabbing of a police constable after an altercation. - On appeal, the appel
Case Details
Suit Number:SC.22/1992
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria
MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria
UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Counsel:O.B. James For Appellant
Adamu Jauro, Director of Public Prosecutions, Bauchi State (With him, Ploma, State Counsel, Ministry of Justice, Bauchi State) For Respondent
Other Citations:Bature v. State (1994) 1 NWLR (Pt.320)267 (1994) 1 SCNJ 19
There's more. Sign in to continue reading.
judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.