Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2005) JELR 45214 (SC)    

Supreme Court  ·  SC.184/2004 ·  17 Jun 2005 ·  Nigeria
Other Citations
Shande v. State [2005] 12 NWLR (Pt.939)301
Shande v. State (2005) 12 NWLR (Pt. 939) 301
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

Ratio Decidendi

Core Terms Beta
trial court
confessional statement
english language
guilt of the appellant
leading judgment
reasonable doubt
accused person
culpable homicide
husband of the appellant
learned trial judge
benue state judicial division
circumstances of this case
husband pw1
proofs of evidence
reasonable person
said application
9th day of may
appellant sleeps
application of the prosecution
aspect of the case
careful reading of its provisions
children of pw1
court clerk
deceased lady
defence of the charge
defences of provocation
extra-judicial confession of the appellant
extra-judicial statement ex
extra-judicial statement exhibit
high court of benue state
lead judgment
local government area
mean time
medical report of the deceased
oral statement
orders of the court
orders of the trial court
pivot of the judgment of the trial court
plea of the appellant
police officers
probable consequence of your act
said exhibit
set of facts
statement of the appellant
such evidence
trial of the appellant
voluntary confessional statement of the appellant
written confession of an accused person

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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