(1974) JELR 46180 (SC)    

Supreme Court  ·  SC.120/1974 ·  23 May 1974 ·  Nigeria
Other Citations
HINDI v. THE STATE (1974) 5 S.C. (REPRINT) 33
GEORGE B.A. COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
criminal procedure code
penal code
false evidence
high court
provisions of section
judicial proceedings
learned chief magistrate
chief magistrate
yerwa civil court
upper area court no.
grounds of appeal
alhaji umar shettima
first information report
stage of a judicial proceeding
learned counsel
accused person
appellant of the offence
area court
chief magistrate of an offence
competency of the proceedings
course of a reserved judgment
course of his final address
court proceedings
evidence of the 1st p.w.
favour of alhaji mai deribe
following notes
further hearing of the case
ground of appeal
hearing of the appeal
high court of the north-eastern state
indian penal code
intention of the accused person
joseph chuma phil-ebosie
late alhaji zanna laisu
leading judgment
notice of appeal
objection of the learned counsel
prima facie case
records of proceedings
sanctioning of such complaint
section deals
taking cognizance of an offence
victim of the fabricated evidence
wording of s.121

COKER, J.S.C. (Delivering the Leading Judgment): The appellant was at the Magistrate's Court, Maiduguri, convicted by the Chief Magistrate of an offence under Section 158 of the Penal Code. On his arraignment before the magistrate, a First Information Report (hereinafter referred to as F.I.R.) pursuant to the provisions of Section 117 of the Criminal Procedure Code was placed before the court. The F.I.R. states as follows:-

"Nature of Information Fabricating false Evidence on 15/3/73 Alhaji Zanna Musa Hindi of Bulabulin Ward Maiduguri fabricates false evidence before Yerwa Civil Court for the purpose of claiming 2 houses and one thousand naira (N1,000) said to belong to late Alhaji Zanna Laisu the late Waziri of Bornu by giving the sum of N40 to Alhaji Umar Shettima in order to bribe the members of the late Zanna Laisu's family to come and give false evidence also he gave the sum of N100 to Alhajiya Shuwa who refused the money. The Area Court decided the case to be in favour of Alhaji…

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