THE STATE
V.
SALIHU MOHAMMED GWONTO

(1983) JELR 80247 (SC)    
Supreme Court  ·  SC.69/1972 ·  18 Mar 1983 ·  Nigeria
 · 
Other Citations
SCER/SC.69/1972
CORAM
ATANDA FATAYI-WILLIAMS..... Justice, Supreme Court MOHAMMED BELLO..... Justice, Supreme Court CHUKWUWEIKE IDIGBE..... Justice, Supreme Court ANDREWS OTUTU OBASEKI..... Justice, Supreme Court KAYODE ESO..... Justice, Supreme Court AUGUSTINE NNAMANI..... Justice, Supreme Court MUHAMMADU LAWAL UWAIS..... Justice, Supreme Court
Core Terms Beta
evidence
court of appeal
criminal procedure code
appeal
high court
accused person
sections
accused persons
federal court of appeal
miscarriage of justice
fair trial
federal supreme court
supreme court
lead judgment
learned justice
penal code
constitution of the federal republic of nigeria
correct interpretation of theprovisions of section
criminal procedure code of northern nigeria
face of the record of proceedings
grounds of appeal
ingenuity of counsel
plateau state
additional grounds of appeal
arguments of mr. ajayi
case of the 1st respondent
cases fines
central issues
credible evidence
criminal procedures code
decision of the court of appeal
end of a trial
fact evidence
fact interpretation
failure of the court of appeal
following matters
langtang high court
learned trial chief judge
leave of this court
local government area of plateau state
mr. g. o. k. ajayi
proper interpretation of the proceedings
provisions of the constitution
question of duplicity
records of proceedings
said election
such evidence
thedecision of the court of appeal
want of credible evidence thecourt of appeal

NNAMANI, J.S.C. (Delivering the Lead 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. The1st 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 respondents…

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