Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



USMAN
V.
STATE

(2014) JELR 39858 (SC)    

Supreme Court  ·  SC.95/2012 ·  9 May 2014 ·  Nigeria
CORAM
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria BODE RHODES - VIVOUR Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
judgment of the court of appeal
gongola state high court
trial court
judge of the high court of taraba state
facts of the case
learned justices of the court of appeal
judgment of the learned trial judge
adamawa state
application of the provisions of the said section
gongola state vide decree no.
case of culpable homicide
cause of death
conclusion of trial
learned trial judge haven
taraba states
evidence of pw1
time of the return of appellant
lower court
body of the deceased
penal code
reasonable doubt
appellant
oluoti j
trial judge
following day policemen
offence of culpable homicide
testimonies of the prosecution witnesses
requisite leave of the court
oluoti j.
compound of appellant
said lodge
provisions of section
leading judgment
23rd day of march
respondent s. harunna esq
court
appeal no. ca
accused person
gongola state
commencement of his decree
material contradictions
issues
evidence
body of aminatu
dead body
trial of such cases
decree no.

WALTER SAMUEL NKANU ONNOGHEN, JSC (Delivering the Leading Judgment): This appeal is against the Judgment of the Court of Appeal, Holden at Jos on appeal No. CA/J/127C/96 delivered on the 23rd day of March 2004 in which the court substituted a verdict of guilty of the offence of culpable homicide punishable with death under Section 221(a) of the Penal Code for that of the trial Court which on 23rd November, 1995 found appellant guilty of culpable homicide under Section 220(b) of the Penal Code and punishable under Section 224 of the same code and sentenced him to a term of 11 years imprisonment.

Appellant was charged on an information before the Gongola State High Court sitting at Jalingo with a count of culpable homicide punishable with death under Section 221(a) of the Penal Code to which appellant pleaded not guilty.

At the conclusion of trial, the matter was adjourned to 11th May, 1995 for Judgment which was, however, not delivered due to the fact that OLUOTI J. who heard the matte…

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