Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



THE STATE
V.
DANJUMA

(1997) JELR 45131 (SC)    

Supreme Court  ·  SC.124/96 ·  9 May 1997 ·  Nigeria
 · 
Other Citations
State v Danjuma (1997) 5 NWLR (Pt.506) 512
State v. Danjuma (1997) 5 NWLR (Pt. 506) 512
CORAM
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
penal code
prosecution
court of appeal
learned trial judge
appeal
witnesses
learned justices of the court of appeal
trial court
act of the accused
essential ingredients of the offence
offence of culpable homicide
name wawu
case of the prosecution
considered judgment
kaduna high court
senior advocate
such contradictions
accused heading
cross-examination
findings support section
police officer
prosecution's case
appraisal of the evidence
cause of death
count charge of the offence of culpable homicide
criminal gang
day of the incident
decision of the high court
end of the trial
evaluation of the evidence
evidence of this police witness
facts of this case
father of the deceased
following issues
given circumstance
guilt of the accused person
leading judgment
lead judgment of ibrahim tanko muhammad
lower courts call
musa danjuma
number of stab wounds
piece of evidence
police authorities
prosecution witnesses
pw2 p.c. ishaku mayor
respondent of the offence of culpable homicide
said court
testimony of dw2

U. MOHAMMED, JSC (Delivering the Leading Judgment): The respondent, Musa Danjuma, was arraigned before Ja'afaru J of Kaduna High Court for the offence of culpable homicide punishable with death, contrary to section 221(b) of the Penal Code. At the end of the trial the learned trial Judge found that the prosecution had failed to prove the essential ingredients of the offence charged and also that he entertained doubt as to whether death was caused by act of the accused, now respondent in this appeal. He found the accused not guilty and discharged and acquitted him.

The State appealed against the decision of the High Court to the Court of Appeal, Kaduna Division. After considering all the submissions made before it the Court of Appeal, per the lead judgment of Ibrahim Tanko Muhammad, JCA, allowed the appeal and convicted the respondent of the offence of culpable homicide not punishable with death, contrary to section 224 of the Penal Code.

The court sentenced him to a fine of ₦5,000.00…

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