Ratio Decidendi


(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
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

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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 …

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