(1993) JELR 80252 (SC)    
Supreme Court  ·  SC.42/1993 ·  17 Sep 1993 ·  Nigeria
Other Citations
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
Core Terms Beta
high court
criminal procedure code
court of appeal
examining magistrate
learned trial judge
accused person
chief magistrate
offence of culpable homicide
penal code
preliminary investigation
bodily injury
cause of the deceased
evidence of the prosecution
main road
real record of proceedings
error of the trial court
failure of the trial judge
g.r.a. police station
initiatory processes of a criminal proceedings
judgment of the trial court
lead judgment
learned counsel
light of the findings
provision of section
record of the inquiry
account of the absence of a charge
accused person joseph ejelikwu
copy of such charge
counsel christ
covering ground
criminal procedure code law
death of justine darnniyor
end of the trial
entire authentic record of proceedings
facts of this case
following words
learned chief magistrate
learned trial chief judge
mandatory sentence of death
new trial
part of the proceedings of the high court
separate copy of the charge
starting point
trial de novo

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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