CORAM
IKECHl FRANCIS OGBUAGU, JUSTICE SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
KAZEEM, JUSTICE, SUPREME COURT
OPUTA, JUSTICE, SUPREME COURT
PARTIES
ATTORNEY-GENERAL OF KADUNA STATE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Following upon an outbreak of communal violence at JIKAMSHI VILLAGE, in the KANKIA LOCAL GOVERNMENT AREA OF KADUNA STATE, one ABDUL RASHID UMARU lost his life, and arising therefrom, certain villagers were arrested and charged with the culpable homicide not punishable by death of the said Abdul Rashid Umaru. After arraignment at the High Court and the recording of pleas, the Solicitor-General of Kaduna State MR. J.H. MAIGIDA who was leading the prosecution on behalf of the State, entered a nolle prosequi in respect of the charges, stating that he did so, in reliance upon Section 130(1) C.P.C. and Section 191(2)(c) of the Constitution of Nigeria, 1979.
HELD
APPEAL DISMISSED:
ISSUES
None.
RATIONES DECIDENDI
BROADER OF INTERPRETATION OF THE CONSTITUTION
“Where the question is whether the Constitution has used an expression in the wider or in the narrower sense the court should always lean where the justice of the case so demands to the broader interpretation unless there is something in the content or in the rest of the Constitution to indicate that the narrower interpretation will best carry out its object and purpose”. UDOMA, J.S.C PER IRIKEFE, J.S.C
CASES CITED
RABIU v. THE STATE (1980) 8/11 SC. 130
STATUTES REFERRED TO
None.