JOHN MAMUDA BUBA V. THE STATE

BELGORE, J.S.C., (Delivering the Leading Judgment): The appellant was the husband of the deceased. The appellant, who lived at Jos, plateau State, had been separated from the deceased since 1978. The deceased, Lucy Agbange, left with the two children of the marriage and finally settled at Katsina-Ala, Benue State. Several efforts at reconciliation failed and what seemed to be a further attempt turned sour.

On 14th July 1983, the appellant, in what seemed to be a final desperate move, decided to visit the deceased in company of a policeman from Jos-Inspector Idris Umaru (P.W.8) and one Joseph Abdul (P.W.2). They got to Katsina-Ala on 15th July, 1983 and at a house saw a man the appellant suspected to be living with his estranged wife. In the night the appellant and his party of policemen were at the Police Station, Katsina-Ala, the deceased who was a nurse at a local hospital was there with them. The grouse of the appellant, it seemed at that point, was about his two children that the…