Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1997) JELR 45388 (SC)    

Supreme Court  ·  SC.16/1996 ·  7 Mar 1997 ·  Nigeria
Other Citations
Garba v. State (1997) 3 NWLR (Pt.492) 144
ABUBAKAR BASHIR WALI 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 ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
trial court
court of appeal
senior advocate
accused person
present case
criminal procedure code
leading judgment
confessional statement
defences of provocation
penal code
private defence
clear evidence
learned trial judge
such defences
a. b. wali
adamawa state
appellants exercise
behalf of the appellant
consideration of the appellant
contravention of s.33
court exhibit
court of appeal kaduna division
criminal procedure code law
end of the case
exculpatory parts of exhibits
exculpatory statements
findings see woluchem v
following cases
following issues
following offence
fundamental human rights
given reasons
good reasons
learned justice of the court of appeal
local government area of sokoto state
negative inferences
rules of this court
statement of the appellant
submission of the learned dcl of sokoto state
s. u. onu
view of the facts

A. B. WALI, JSC (Delivering the Leading Judgment): In the trial court, the appellant was charged with the following offence:-

"That you Adamu Garba on or about the 28th June, 1986, along Gabaitawa/Kadassaka road of Gwadabawa Local Government Area within the Sakata Judicial Division did commit culpable homicide punishable with death in that you caused the death of one Garba Ibrahim by doing an act to wit striking him with a cutlass/matchet with the knowledge that his death would be the probable consequence of your act and thereby committed an offence contrary to section 221(6) of the Penal Code:"

The appellant pleaded not guilty to the charge and the case proceeded to trial. The prosecution called the witnesses to prove the charge. The appellant neither called witness nor did he testify to rebut the prosecution's evidence.

The prosecution's case in brief is as follows

It was the deceased's practice to go on an annual trading trip from Sokoto to Yola in the then Gongola but now in Ada…

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