Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1983) JELR 46423 (SC)    

Supreme Court  ·  SC.69/1972 ·  18 Mar 1983 ·  Nigeria
Other Citations
(1983) All N.L.R 109 (1983) 3 S.C 62
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
criminal procedure code
court of appeal
high court
accused person
accused persons
federal court of appeal
miscarriage of justice
federal supreme court
fair trial
penal code
supreme court
learned justice
constitution of the federal republic of nigeria
correct interpretation of the provisions of section
criminal procedure code of northern nigeria
decision of the court of appeal
face of the record of proceedings
grounds of appeal
ingenuity of counsel
plateau state
proper interpretation of the proceedings
arguments of mr. ajayi
case of the 1st respondent
cases fines
central issues
credible evidence
criminal procedures code
end of a trial
fact evidence
fact interpretation
failure of the court of appeal
following matters
langtang high court
leading judgment
lead judgment of karibi-whyte
learned trial chief judge
leave of this court
local government area of plateau state
mr. g. o. k. ajayi
question of duplicity
question of the alleged violation of the fundamental rights
records of proceedings
records of proceedings of the high court show
respondent alhaji salihu mohammed gwonto
said election
such evidence

NNAMANI, JSC (Delivering The Leading Judgment): On 8th July, 1980, 23 accused persons were arraigned before OBI-OKOYE, C.J. sitting at the Langtang High Court, Plateau State charged with various offences against sections 229(1), 85 and 97 of the Penal Code (Cap. 89 Laws of Northern Nigeria, 1963). These offences arose out of an incident on 18th July 1979 at BASHAR WASE, Local Government area of Plateau State in which ALHAJI ABDULKADIR ZAKARI who had just been elected a Member of the House of Representatives was attacked with knives horns, stones and sticks allegedly by members of a rival political party. The 1st respondent Alhaji Salihu Mohammed Gwonto was Alhaji Abdulkadir's opponent in the said election. At the end of a trial in which 9 witnesses testified, the learned trial Chief Judge discharged 7 of the accused persons, convicted the rest and sentenced them to various terms of imprisonment (or in some cases fines). The 1st, 2nd, 3rd, 4th and 6th accused persons, who are responden…

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