Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2008) JELR 49412 (SC)    

Supreme Court  ·  SC.204/2007 ·  6 Jun 2008 ·  Nigeria
Other Citations
Michael v. State (2008) 13 NWLR (Pt.1104) 361 S.C. (2008)34 NSCQR Pt II 700 (2008) 34 NSCQR Pt II 700
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
reasonable doubt
penal code
court of appeal
culpable homicide
armed robbery
instant case
jimoh michael
learned counsel
17th day of february
brief of argument
determination of the appeal
accused person
cause of death
death of mamodu abdullahi ajawu
grievous bodily harm
kogi state judicial division
credible evidence
criminal conspiracy
decision of the trial court
gun point
issue of common intention
kogi state
penal code law
printed record
said vehicle
trial judge
above contention
agreement of the accused persons
appeal of the appellant
archbold criminal pleading evidence
charge no. hcl
copy of the lead judgment
death of rafiu john
evidence manifest
evidence of intention
evidence of the weapon
further appeal
had parts
heads of charge of criminal conspiracy
high court
illegal act
leading judgment
principle of common intention
probable consequence of the act
property of another person
second accused
unlawful purpose of armed robbery
vehicle registration no. osun xb

MUSDAPHER, JSC (Delivering the Leading Judgment): In charge No. HCL/6C/2001 before High Court, Kogi State holden at Lokoja, the appellant herein as the second accused with two others were jointly titled on four heads of charge of criminal conspiracy, culpable homicide, armed robbery and mischief by fire contrary to sections 97(1), 221, 336 and 298(c) of the Penal Code Law. The charges read as follows:

1st Head of Charge:

"That you Benjamin Oyakhire, Jimoh Michael and Gershon Soba on or about the 17th day of February, 2001, at Okene within the Kogi State Judicial Division committed culpable homicide punishable with death in that you caused the death of Mamodu Abdullahi Ajawu and the death of Rafiu John, John Ogara, Thomas Ona and Alfa by doing an act to wit: You shot Mamodu Abdullahi Ajawu with a rifle and set Rafiu, John Ogara Thomas Ona and Alfa ablaze with the intention of causing their death and you thereby committed an offence punishable under section 221 read along with section 7…

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