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JOSEPH EJELIKWU
V.
THE STATE

(1993) JELR 80252 (SC)

Supreme Court 17 Sep 1993 Nigeria
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- The accused, Joseph Ejelikwu, was charged with culpable homicide and found guilty by the trial court. - The accused appealed the conviction to the Court of Appeal, which affirmed the judgment and sentence. - The appellant further appealed

Case Details

Suit Number:SC.42/1993
Judges:ADOLPHUS GODWIN KARIBI-WHYTE..... Justice, Supreme Court ABUBAKAR BASHIR WALI..... Justice, Supreme Court OLAJIDE OLATAWURA..... Justice, Supreme Court MICHAEL EKUNDAYO OGUNDARE..... Justice, Supreme Court SYLVESTER UMARU ONU..... Justice, Supreme Court
Counsel:J. B. Daudu.....For Appellant AND Hannatu Azumi Balogun (Mrs), Ag. Director, Legal Drafting, Ministry of Justice, Kaduna State.....For Respondent
Other Citations:SCER/SC.42/1993

WALI, J.S.C. (Delivering the Lead Judgment):

The accused person, Joseph Ejelikwu, was, after a preliminary investigation, charged as follows:-

"That you Joseph Ejelikwu, on 23 November, 1978, at about 1705 hours at G.R.A. Police Station, Katsina, committed the offence of culpable homicide punishable with death in that you caused the death of Justine Darnniyor by intentionally shooting him with a gun and that you thereby committed an offence punishable under Section 224 (sic) of the Penal Code."

The accused was committed to the High Court for trial in accordance with Sections 172 and 180 of the Criminal Procedure Code Law.

On 27 August, 1980, the accused, represented by his learned counsel Christ, appeared in the High Court and the charge, as framed by the Magistrate after thePreliminary Investigation was read and explained to him in compliance with Section 187(1) and his plea taken down as required under Section 188 of the Criminal Procedure Code respectively.

At the end of the trial, the …

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