Just Decided Cases

MOLO HU & ANOR VS THE STATE

Legalpedia Citation: (1972) Legalpedia (SC) 13246

In the Supreme Court of Nigeria

Fri Jun 16, 1972

Suit Number: SC. 77/72

CORAM


ELIAS CHIEF JUSTICE, NIGERIA

UDOMA JUSTICE, SUPREME COURT

FATAYI-WILLIAMS JUSTICE, SUPREME COURT


PARTIES


MOLO HU AND BA HUNE APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Appellants, Molo Hu and Ba Hune, were convicted in the High Court of the North-Eastern State, holden at Maiduguri, of culpable homicide punishable with death under Section 221 of the Penal Code in that they caused the death of Gumsora Gwambe, by beating him with sticks knowing that death would be the probable consequence of their act contrary to Section 220 of the Penal Code. They were sentenced to death. They appealed to this Court.


HELD


There can be no doubt that they had intended that death should be the consequence of their attack on Gumsora Gwambe.


ISSUES


Whether the Appellants were rightly convicted by the Learned Trial Judge?


RATIONES DECIDENDI


CULPABLE HOMICIDE PUNISHABLE WITH DEATH.


.


CASES CITED


None


STATUTES REFERRED TO


Penal Code


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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