CORAM
YEKINI OLAYIWOLA ADIO (Read the Leading Judgment), JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
PARTIES
ALHAJI RAUPH O. GAJI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, a legal practitioner of many years standing was charged, convicted and sentenced to 12 years imprisonment for culpable homicide for the murder of one Cordelia Ego Ejiofor in his residence.
HELD
The court held that the appellant was granted fair trial
ISSUES
None
RATIONES DECIDENDI
TEST OF JUSTICE BEING SEEN TO BE DONE
1. Clearly, the test of justice being seen to be done rests on the view of an independent and impartial observer sitting in court and listening dispassionately to the entire proceedings. On this hypothesis we must ask ourselves whether such an impartial observer sitting in court and listening to the present proceedings in the case before us would feel in those circumstances, related by the learned counsel for the appellant, there had been a perversion or miscarriage of justice. We think not. Per Coker J.S.C
CASES CITED
Alhaji Okabichi & Ors. v. The State (1975) 3 SC. 135 at p. 150
Saka Layonu v. The State (1967) NMLR 411
Judicial, etc., Offices and Appeals by Prosecutors Act 1963
Regina v. Smith (reported in the London Times of Wednesday, April 30th, 1975)
STATUTES REFERRED TO
Criminal Procedure Code, Cap. 30 (Laws of Northern Nigeria)
Penal Code
The Evidence law, Cap. 40, Laws of Northern Nigeria 1963