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SHANDE
V.
STATE

(2005) JELR 45214 (SC)

Supreme Court 17 Jun 2005 Nigeria
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- The appellant was charged with culpable homicide punishable with death. - The prosecution relied on a confessional statement made by the appellant. - The appellant denied the charge and gave her own account of the incident. - The trial co

Case Details

Suit Number:SC.184/2004
Judges:IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria
Counsel:M. K. Aondoakaa, Esq. For Appellant M. I. Sule [Mrs.] Principal State Counsel (with her, E. C. A. Hundu, Esq.,State Counsel, Ministry of Justice, Benue State) For Respondent
Other Citations:(2005) 12 NWLR (Pt. 939) 301, Shande v. State [2005] 12 NWLR (Pt.939)301

EJIWUNMI, JSC (Delivering the Leading Judgment): This appeal may be rightly described as the fury or rage into which a jealous wife could be driven. Before the appellant in this appeal was arraigned before the High Court of Benue State in the Benue State Judicial Division, holden at Makurdi upon the application of the prosecution to prefer a charge brought pursuant to section 185(b) of the Criminal Procedure Code. The said application was supported by proofs of evidence, the statement of the appellant and the medical report of the deceased. As the learned trial Judge, having read the said application with the documents attached thereto, granted leave for the preferment of the charge against the appellant. The court also ordered that the appellant be served with the proofs of evidence and the charge.

After the orders of the court were duly effected on the appellant, the plea of the appellant was taken. Before the plea was taken, the charge was read out to the appellant by the court cle…

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