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STATE
V.
KURA

(1975) JELR 46222 (SC)

Supreme Court 21 Feb 1975 Nigeria
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- The respondent, Dr. Muhtari Kura, was tried on two charges of causing miscarriage without good faith for saving the life of the women involved. - The trial court discharged the respondent on both charges. - The prosecutor appealed against

Case Details

Suit Number:SC.130/1974
Judges:TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Counsel:S. U. Onu - Ag. Director of Public Prosecutions, Kano State, (with him, S. A. Olagunju, State Counsel Grade I) For Appellant S. O. Adewumi For Respondent
Other Citations:STATE v. KURA (1975) 2 S.C. (REPRINT) 76

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): The respondent, Dr. Muhtari Kura, was tried in the Kano Judicial Division on two heads of charge framed thus:-

Head of Charge No. 1 -

"That you, Doctor Muhtari Kura, on or about the 17th day of March, 1973 at Rano within Kano and North Western States Judicial Division, voluntarily caused a woman to wit: Hawa Shettima who then was pregnant with child, to miscarry the said pregnancy and whereas such miscarriage was not caused by you in good faith for the purpose of saving the life of the said Hawa Shettima, you did thereby commit an offence contrary to and punishable under Section 232 of the Penal Code.

Head of Charge No. 2 -

That you, Doctor Muhtari Kura, on or about the 17th day of March, 1973 at Rano within Kano and North-Western States Judicial Division, voluntarily caused a woman to wit:

Halima Usman who then was pregnant with child, to miscarry the said pregnancy and whereas such miscarriage was not caused by you in good fait…

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