CHINELO NDUKA V. THE STATE

SAMUEL C. OSEJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice. Benue State sitting in Gboko and delivered by Hon. Justice J. S. Ikyegh on 28-10-2004 in case No. GHG/19c/2000 wherein the Appellant was convicted and sentenced for the offence of voluntarily causing grievous hurt.

The charge against the Appellant as per the (Application for leave to prefer a charge in the High Court) brought pursuant to Section 185(3) of the Criminal Procedure Code reads thus: -

CHARGE: "That you, Mrs, Chinelo Nduka 'F' on or about the 23rd day of February 1999 at Gboko in Gboko Local Government Area within jurisdiction of this honourable court voluntarily caused grievous hurt on one Mrs. Charity Abana by pouring her Acid which is a corrosive substance deleterious to the human body and you thereby committed an offence punishable under Section 248(2) of the Penal Code."

The facts as per the record was that on the night of 22-2-99 at No. 15 Ay…