Just Decided Cases

ABDU ROMO VS GWANDU NATIVE AUTHORITY

Legalpedia Citation: (1966-06) Legalpedia 86377 (SC)

In the Supreme Court of Nigeria

Holden at Abuja

Wed Jun 29, 1966

Suit Number: SC 92/1966

CORAM


BAIRAMIAN JUSTICE, SUPREME COURT

ONYEAMA JUSTICE, SUPREME COURT

LEWIS JUSTICE, SUPREME COURT


PARTIES


ABDU ROMO

APPELLANTS 


 GWANDU NATIVE AUTHORITY

RESPONDENTS 


AREA(S) OF LAW


CULPABLE HOMICIDE

 

 


SUMMARY OF FACTS

The appellant was convicted of culpable homicide punishable with death in the Emir of Gwandu’s Court and was on the 4th of August, 1965, sentenced to death. The accused appealed to the High Court which dismissed the appeal, hence this present appeal.

 

 


HELD


Appeal dismissed

 

 


ISSUES


That the charge against the appellant had not been properly drafted.

 

 


RATIONES DECIDENDI


IMPORTANCE OF EXPRESSELY STATING PUNISHMENT IN NATIVE COURTS


The Native Courts would be well advised to expand their language and in charging a person with culpable homicide punishable with death tell him expressly that his offence is punishable with death.” Per ONYEAMA J.S.C.

 

 


CASES CITED



STATUTES REFERRED TO


Penal Code

Criminal Procedure Code

 

 


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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