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MAMMAN BANDE VS THE STATE PAGE 1

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MAMMAN BANDE VS THE STATE PAGE 1

Legalpedia Citation: (1972) Legalpedia (SC) 78827

In the Supreme Court of Nigeria

Fri Oct 27, 1972

Suit Number: SC. 136/1972

CORAM


ELIAS CHIEF JUSTICE OF NIGERIA

FATAYI-WILLIAMS JUSTICE, SUPREME COURT

IRIKEFE JUSTICE, SUPREME COURT


PARTIES


MAMMAN BANDE APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The accused was convicted of culpable homicide punishable with death. At the trial there was an eye witness who testified that the accused hit the deceased with a stick and the deceased became unconscious. There wasnt enough evidence (medical report) to link the death of the deceased to the hit that accused gave the deceased.


HELD


The Supreme Court in accordance with S.27 (2) of the Supreme Court Act 1960 substituted a verdict of guilty of causing grievous hurt contrary to S.247 of the penal code for the verdict of culpable homicide.


ISSUES


Whether the decision of the learned trial Judge is unreasonable or cannot be supported having regard to the evidence.


RATIONES DECIDENDI


SUBSTITUTION OF VERDICT


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CASES CITED



STATUTES REFERRED TO



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