Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1996) JELR 45901 (SC)    

Supreme Court  ·  SC.16/1995 ·  2 Apr 1996 ·  Nigeria
Other Citations
Gira v. State (1996) 4 NWLR (Pt.443) 375
Gira v. State (1996) 4 NWLR (Pt. 443) 375
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
police station
learned trial judge
evidence of pw2
finding of the learned trial judge
confessional statement
inter alia
kenule koma
reasonable doubt
lethal weapon
true account
court of appeal
evidence of the doctor
accused person
corpse of the deceased
daughter kenule koma
mortem examination
particular point
pieces of evidence
report of the incident
accused used matchet
beat am
daughter of the witness
day of the incident
direct evidence of an eyewitness
evidence of the pw4
high court of the rivers state of nigeria
hin yas
house of the mother of pw2
important principles of law
judgment of a trial court
kill am
koma nagbara don take am
laws of eastern nigeria
leading judgment
matter don
part of the statement
post-mortem examination
rivers state
said conclusion
said evidence of the dw2
say hin don die
sufficient reason
uncle toesan giro
woman kenule wey

ADIO, JSC (Delivering the Leading Judgment): In the High Court of the Rivers State of Nigeria, Bori Judicial Division, the charge preferred against the appellant was murder contrary to section 319 of the Criminal Code, Cap. 30 of the Laws of Eastern Nigeria, 1963, applicable in the Rivers State. It was alleged that the appellant, on the 28th February, 1983, did, at Nyowii Lueku village in the Bori Judicial Division, murder one Kenule Koma (f).

The evidence led by the prosecution was that on the day of the incident one Sanwii Bira, PW2, returned with her mother to her mother's home from where they went. After some time they saw the appellant and his brother (Goodluck) coming to the house of the mother of PW2, with torch-lights. The appellant held a matchet and the appellant's brother held a dagger with which they inflicted injuries on the deceased who was the daughter of the witness, and another person who was the mother of the witness. The evidence of the doctor who performed the post…

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