CORAM
OLABODE RHODES VIVOUR JUSTICE, SUPREME COURT
MUSA DATTIJO MUHAMMAD JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
CHIMA CENTUS NWEZE JUSTICE, SUPREME COURT
PARTIES
AMINA MUSA APPELLANTS
The State
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant was arraigned before the Jigawa State High Court on a three counts charge for causing the death of three children of ages 7 years, 3years and 7months old by poisoning contrary to section 223 of the Penal Code Law of Jigawa State. At the trial which started denovo as a result of the death of the former judge, the Appellant was arraigned and he pleaded not guilty to counts 1 & 3. No plea was taken on count 2. The Appellant was however convicted and sentenced to ten years imprisonment on each of the three counts. On appeal, the Court of Appeal in dismissing same, unanimously affirmed the conviction and sentence of the Appellant by the trial court, hence a further appeal has been lodged before this court.
HELD
Appeal Allowed, Fresh Trial Ordered
ISSUES
Whether or not there is a valid and existing judgment which should give a subject or reason grounding the appeal.?
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
1. Constitution of the Federal Republic of Nigeria, 1999(as amended)
3. Evidence Act 2004 as amended
5. Penal Code, Cap. 107 Laws of Jigawa State, 1998