(1994) JELR 45355 (SC)    

Supreme Court  ·  SC.22/1992 ·  21 Jan 1994 ·  Nigeria
Other Citations
Bature v. State (1994) 1 NWLR (Pt.320)267 (1994) 1 SCNJ 19
Bature v. State (1994) 1 NWLR (Pt. 320) 267
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
Core Terms Beta
high court
criminal procedure code
provisions of section
bauchi state
trial court
criminal procedure
learned trial judge
leave of a judge of the high court
trial judge
accused person
court of appeal
holding of a preliminary inquiry
penal code
record of appeal
evidence act
exercise of jurisdiction
exhibits a1
high court of bauchi state
laws of northern nigeria
light of other evidence
mr. james
secondary issue
criminal procedure code cap
exhibit a1
extension of time
facts of the case
judgment of the trial high court
judicial notice of the fact
learned director of public prosecutions
learned justices of the court of appeal
name of the judge
primary issue
record of appeal shows
additional grounds of appeal
company of other fulanis
conviction of the appellant
decision of the said high court
ensuing fight
following dialogue
grant of leave
leading judgment
leave of court
mr. jauro of counsel
police constable sabaru garba
said judgment
such leave of a judge
written submission

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…

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