RABIU
V.
KANO STATE

(1980) JELR 33943 (SC)

Supreme Court 21 Nov 1980 Nigeria
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- The appellant, Nafiu Rabiu, was initially acquitted of the charge of culpable homicide of his wife, but the State of Kano appealed the decision and the Federal Court of Appeal reversed the acquittal and convicted the appellant of a lesser

Case Details

Suit Number:SC.49/1980
Judges:UDO UDOMA Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Counsel:Chief F. R. A. Williams, SAN., (with him, B. Kehinde, J. A. Kester, and O. J. Idigbe) For Appellant Kehinde Sofola, SAN., (with him, Miss O. Sofola and Miss O. Ogundipe) For Respondent

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): In these proceedings the appellant is one Nafiu Rabiu of Dawaki Road, Nasarawa, Kano and the respondent is the State of kano. We have before us an appeal from a judgment of the Federal Court of Appeal holden at Kaduna (Nasir P., Kazeem and Nnaemeka-Agu, JCA.,) which allowed the appeal of the State of Kano from the judgment of the High Court of Kano State (Jones, CJ.,) whereby the appellant was discharged and acquitted at the end of his trial, in the State High court, on a criminal charge of culpable homicide (punishable with death) of his wife, Hajiya Fati Mohammadu Nafiu, on the 10th day of May, 1979. The appellant contends that the Federal Court of Appeal (hereinafter, called the Court of Appeal) has no jurisdiction to entertain the appeal which came before it, and consequently erred in law when by its judgment delivered on the 5th day of May, 1980, it reversed the decision of the High Court of Kano State and convicted the appella…

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