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SHANDE
V.
STATE

(2004) JELR 45093 (CA)    

Court of Appeal  ·  CA/J/134C/2002 ·  27 Apr 2004 ·  Nigeria
 · 
Other Citations
Shande v. State (2005) 1 NWLR (Pt.907)218
Shande v. State (2005) 1 NWLR (Pt. 907) 218
CORAM
OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
confessional statement
defence of provocation
trial court
accused person
reasonable doubt
instant case
pieces of evidence
penal code
learned trial judge
heat of passion
learned counsel
appellant's counsel
culpable homicide
appellant's confessional statement
appellant's husband
charge of culpable homicide
circumstances of this case
deceased person
decision of the trial court
entire evidence
essential elements
husband of the appellant
own defence
such retraction
trial judge
accused appellant
appellant prepared accommodation
bendel state
bodily injury
body of the deceased set
body of the deceased victim
court of appeal rules
evidence of pw2
evidence of the appellant
guilt of the accused appellant
high court of justice of benue state
leading judgment
likely consequence of her act
mind of the trial court
nwaebonyi's case
police officers
popular singers
principle of our criminal law
said brief of argument
said confession
said court
wife of the first prosecution witness

SANUSI, JCA (Delivering the Leading Judgment): Mbanengen Shande, the appellant herein was arraigned before the High Court of Justice of Benue State sitting in Makurdi in suit No. MHC/5C/98 on a charge of culpable homicide punishable with death, contrary to section 221 of the Penal Code. She was tried, convicted and sentenced to death by the said court (hereinafter referred to as 'the trial court') Coram Kpojime, J. Dissatisfied with the decision of the trial court delivered on the 13th day of April, 1999, she appealed to this court.

The facts which gave rise to this appeal are summarized hereunder.

The appellant was the wife of the first prosecution witness, one Mr. Benjamin Iorumun Shande. On the 8th of May, 1992, the latter visited the deceased, one Mrumun Dera, his mistress in a village called Jato-Aka and slept there. On 9/5/97, he gave the deceased (his mistress) transport money on her request so that she could travel to his village Achia, where he used to stay with the appellant…

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