Ratio DecidendiRatio DecidendiRatio Decidendi



YAHAYA
V.
THE STATE

(2002) JELR 44534 (SC)    

Supreme Court  ·  SC.59/2001 ·  1 Feb 2002 ·  Nigeria
 · 
Other Citations
Yahaya v. State (2002) 3 NWLR (Pt.754)289 (2002) 2 S.C (Pt.1) 1
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
retrial
trial
case
accused person
criminal procedure law
provisions of section
learned trial judge
brief of argument
court of appeal
laws of ogun state
present case
chief judge of ogun state
commission of the offence
consequential order
director of public prosecutions of ogun state
english authorities
exhibits c
m. l. uwais
order of retrial
appeal court
argument of the appellant
charge of murder
circumstance of this case
conviction of the appellant of the offence
court finds
criminal code law
criminal proceedings
death of kayode bereola
following cases
following factors
high court
j.s.c. having
laws of ogun state of nigeria
leading judgment
learned justices of the court of appeal
legal force
m. e. ogundare
mr. a. o. jiboku ssc
mr. b.t.a. akintubuwa
popoola j.
prosecution case
reason of an error
reply brief
second prosecution witnesses
serious lapse of time
special circumstances
support of the appeal

M. L. UWAIS, C.J.N. (Delivering the Leading Judgment): On 31st March, 1994 the Director of Public Prosecutions of Ogun State applied by a letter addressed to the then Chief Judge of Ogun State seeking his consent, under the provisions of section 340 subsection (2)(b) of the Criminal Procedure Law, Cap. 30 of the Laws of Ogun State of Nigeria, 1978, to institute criminal proceedings against the appellant without holding a preliminary inquiry before a Magistrate's Court. The consent was granted and the appellant appeared before Popoola J. on 20th March, 1995 on a charge of murder for causing the death of Kayode Bereola at Bereola village in Abeokuta Judicial Division contrary to section 319 subsection (1) of the Criminal Code Law, Cap. 29 of the Laws of Ogun State, 1978. No plea was taken as the prosecution were yet to trace their witnesses. The case was adjourned to 11th April, 1995 for trial. On that date, the appellant as accused person was present in court but the counsel assigned t…

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