CORAM

M.L. UWAIS

A.B. WALI

Boloukuromo Moses Ugo JCA

PARTIES

RABBO DAMINA APPELLANTS

THE STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant, Rabbo Damina, was arraigned before the High Court of Niger State sitting in Minna upon a charge transmitted thereto from a preliminary investigation held by a Chief Magistrate for the offence of culpable homicide punishable with death contrary to Section 221 (b) of the Penal Code in that on 18th May, 1983 at Ndazabo, he killed one Bargo. The trial High Court presided convicted the appellant

HELD

That document was poorly interpreted and as a result amounted to a grave error culminating in the violation of the appellant’s right to fair hearing. The Appellant was discharge and acquitted

ISSUES

1. Whether the re-translation of the alleged confessional statement as contained in Exhibit 2A by the learned trial Judge suo motu, in the course of his judgment is tenable in law and whether this novel procedure did not violate the appellant’s right to fair hearing and render all the findings and conclusions of guilt to which the alleged confessional statement was put a nullity? 2. If issue No. 1 is answered in the appellant’s favour, what is the appropriate order to be made in the circumstances. Is it a trial de novo or acquittal?

RATIONES DECIDENDI

CASES CITED

Anofi Opayemi v. The State (1985) 2 NWLR (Pt.5) 101 at page 109|George Obi Ikenye v. Akpala Ofune & Ors. (1985) 2 NWLR (Pt. 5) 1 at 13|Lim Poh Chop v. Camden & Islington Area Health Authority (1979) 1 Q.B. 196|Sodipo v. Lemminkainen OY (1986) 1 NWLR (Pt. 15) 220|Yesufu Abodundu v. Queen (1959) SCNLR 162 at 166/167

STATUTES REFERRED TO

NONE|

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