ALI ABADALLABE V. BORNU NATIVE AUTHORITY
(1963) JELR 39661 (SC)
Supreme Court
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F.S.C.430/1962
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25 Mar 1963
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Nigeria
Coram
ADEMOLA ADETOKUNBO C.J.N JSC;
DE LESTANG JSC;
LIONEL BRETT JSC;
BAIRAMIAN JSC;
Appearances
R.O. Gaji For Appellant
K.C. Nadarajah For Respondent
Judgement
<p>BAIRAMIAN, F.l. (giving the reasons for the judgement):- The appellant as convicted of culpable homicide punishable with death and sentenced to death by the Shehu of Bornu' s Court on the 4th June, 1962; his appeal to the High Court of the Northern Region was dismissed on the 16th November, 1962; and his further appeal to our Court was dismissed at the hearing at Kaduna on the 6th March, 1963, for reasons which will now be given.</p><p> It was about midnight on the 15th to 16th April, 1962, at Ngalori, in the Marte District, that he killed one Lime, a woman, in her house That the appellant admitted but he denied the version given by Zara, the daughter-in-law of the deceased. Zara' s version was that she was waked up by the deceased's cry for help; she ran out of the room and found them wrestling; her mother-in-law is holding the appellant and she fell down at once; when she, Zara, got hold of him, he stabbed her also, and she fell down, too, and could no longer hold him. Zara survived; Lime …</p>