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IBRAHIM BATURE VS THE STATE

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IBRAHIM BATURE VS THE STATE

Legalpedia Citation: (1994-01) Legalpedia 64688 (SC)

In the Supreme Court of Nigeria

Holden At Abuja

Fri Jan 21, 1994

Suit Number: SC 22/1992


CORAM


UWAIS JUSTICE, SUPREME COURT

I.L. KUTIGI JUSTICE, SUPREME COURT

M.E. OGUNDARE JUSTICE, SUPREME COURT

U. MOHAMMED JUSTICE, SUPREME COURT

S.U. ONU JUSTICE, SUPREME COURT


PARTIES


IBRAHIM BATURE

APPELLANTS 


THE STATE 

RESPONDENTS 


AREA(S) OF LAW


CULPABLE HOMICIDE

 


SUMMARY OF FACTS

The appellant was charged at the High Court for the offence of culpable homicide punishable with death. The trial court, in a well-considered judgment, convicted and sentenced the appellant to death. Dissatisfied with the decision, the appellant appealed to the Court of Appeal which in a reserved judgment dismissed the appeal. The appellant further appealed to the Supreme Court.

 


HELD


The appeal was dismissed.

 


ISSUES


1. Was the trial High Court who heard this case in the first instance competent to entertain it?

2. Having regard to the evidence before the trial High Court particularly exhibits A, A1, B, B1 (i.e, the Statement (sic) of the accused) especially when tested as to their truth by examining them in the light of other evidence, were the learned justices of the Court of Appeal right in affirming the judgment of the trial High Court.

 


RATIONES DECIDENDI


CONVICTION ON THE OFFENCE OF CULPABLE HOMICIDE



CASES CITED



STATUTES REFERRED TO



CLICK HERE TO READ FULL JUDGMENT

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