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EJELIKWU
V.
THE STATE

(1993) JELR 43249 (SC)

Supreme Court 17 Sep 1993 Nigeria
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- The appellant, a police officer, was charged before the High Court of Kaduna State with culpable homicide punishable by death under section 221 of the Penal Code, for intentionally shooting and causing the death of another police officer

Case Details

Suit Number:SC.42/1993
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Counsel:J. B. Daudu For Appellant Hannatu Azumi Balogun (Mrs), Ag. Director, Legal Drafting, Ministry of Justice, Kaduna State For Respondent
Other Citations:Ejelikwu v. State (1993) NWLR (Pt.307)588 (1993) 9 SCNJ 152

WALI, J.S.C. (Delivering the Leading Judgment): The accused person, Joseph Ejelikwu, was, after a preliminary investigation, charged as follows:-

"That you Joseph Ejelikwu, on 23 November, 1978, at about 1705 hours at G.R.A. Police Station, Katsina, committed the offence of culpable homicide punishable with death in that you caused the death of Justine Darnniyor by intentionally shooting him with a gun and that you thereby committed an offence punishable under Section 224 (sic) of the Penal Code."

The accused was committed to the High Court for trial in accordance with Sections 172 and 180 of the Criminal Procedure Code Law.

On 27 August, 1980, the accused, represented by his learned counsel Christ, appeared in the High Court and the charge, as framed by the Magistrate after the Preliminary Investigation was read and explained to him in compliance with Section 187(1) and his plea taken down as required under Section 188 of the Criminal Procedure Code respectively.

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