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