Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2003) JELR 44936 (CA)    

Court of Appeal  ·  CA/J/236c/2002 ·  10 Jul 2003 ·  Nigeria
Other Citations
Musa v. C.O.P. [2004] 9 NWLR (Pt.879)483
Musa v. C.O.P. (2004) 9 NWLR (Pt. 879) 483
AMIRU SANUSI Justice of The Court of Appeal of Nigeria CECILIA IFEYINWA NZEAKO Justice of The Court of Appeal of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
ruling of the plateau state high court
learned high court judge
lower court
facts of the case
grant of the appellant
various criminal offences
favour of the appellant
learned counsel
said application
accused persons
decision of the court
upper area court of plateau state
high court of plateau state
murder charge
respect of the charge of culpable homicide
proof of evidence
support of their application
vacation judge
prima facie evidence
affidavit evidence
said upper area court
culpable homicide
special circumstance
case no. pld
guiding principles
criminal charges
case nos
accused notice of the matter
federal high court
16th september
learned judge
leading judgment
date of his arrest
penal code
order of the said upper area court
such particulars
plateau state
first information
high court
enforcement of their fundamental human rights
grounds of appeal
issue of the absence of any proof
re ja isuman
dpp of plateau state

IKECHI FRANCIS OGBUAGU, JCA (Delivering the Leading Judgment): This is an appeal against the decision/ruling of the Plateau State High Court, presided over by Mann, J. sitting as a vacation Judge and delivered on 16th September, 2002.

Each of the appellants, filed a separate notice and grounds of appeal containing the same five (5) grounds of appeal. Without their particulars, they read as follows:

Ground 1

The learned High Court Judge misdirected himself in law by disregarding and refusing to follow the decision in Anaekwe v. C.O.P. (1996) 3 NWLR (Pt. 436) 320 (sic) and thereby refused bail to the appellant. And thereby occasioned a miscarriage (sic).

Ground 2

The lower court misdirected itself in law, in undermining and/or making nonsense of presumption of innocence in favour of the appellant by wrongly invoking and interpreting section 35(7) (a) of the Constitution. And thereby, occasioned a miscarriage of justice.

Ground 3

The decision of the court below is against the evidence b…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login