GAJI
V.
THE STATE

(1975) JELR 49258 (SC)

Supreme Court · SC.330/1973 · 23 May 1975 · Nigeria
·

Other Citations

GAJI v. THE STATE (1975) 5 S.C. (REPRINT) 55

CORAM

GEORGE B. A. COKER Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms ^Beta

learned trial judge

high court

present appellant

statements of gladys wey

learned counsel

trial of the appellant

criminal procedure code

senior state counsel

case of the appellant

penal code

accused person

provisions of section

unfortunate circumstances

laws of northern nigeria

course of a reserved judgment

supreme court

following notes

case

trial

present case

learned attorney-general

statements of the appellant

case diary

part of the case diary

section

state counsel

witnesses

evidence

charge of culpable homicide

criminal charge of such seriousness

point of law of considerable importance

leading judgment

prosecution witnesses

evidence of the star witness

following ways

death of cordelia ego ejiofor

end of the case

criminal proceedings

usual way

no-case submission

prosecution evidence

mrs. gladys ibidun wey

decision of the appellant

great deal

probable consequence of your act

case law

ruling of the supreme court

appeal of the learned attorney-general

preliminary investigation

alhaji rauph omobolaji gaji

G. B. A. COKER, JSC (Delivering the Leading Judgment): The present appellant, Alhaji Rauph Omobolaji Gaji, is a legal practitioner of many years standing and the appeal before us is sequel to the unfortunate circumstances which led to his trial and conviction by the High Court, Kaduna, on a charge of culpable homicide. Before the High Court he had been charged as follows:-

"That you RAUPH OMOBOLAJI GAJI on or about the 23rd day of December, 1972, at Kaduna, in the North-Central Judicial Division did commit culpable homicide punishable with death in that you caused the death of Cordelia Ego Ejiofor by beating and kicking her with your fists and legs with the knowledge that her death would be the probable consequence of your act and thereby committed an offence punishable under Section 221 of the Penal Code and triable by the High Court."

On arraignment before the learned trial Judge, he was asked to plead and the court so ordered. He refused to plead however and it is regrettable that …

GAJI V. THE STATE

GAJI
V.
THE STATE