MRS. TOLULOPE ONIYIDE V. MR. TAIYE AYOTUNDE ONIYIDE

BOLOUKUROMO MOSES UGO JCA (Delivering the Leading Judgment): This appeal is from the 6th July 2017 judgment of the Appellate Session of the Kwara State High Court sitting in Ilorin (Coram Daibu, I. A. Yusuf and A. L. Ishaq JJ.) dismissing the appeal of appellant from the judgment of the Magistrate Court and allowing the cross-appeal of the respondent.

The facts relevant to the appeal are that, the appellant Mrs. Tolulope Oniyide pursuant to Section 143 of the Criminal Procedure Code Law of Kwara State initiated a direct criminal complaint before the Magistrate Court against the respondent, her husband. Her complaint was about domestic violence. She alleged that he voluntarily caused her grievous harm without provocation, criminal force, assault and mischief contrary to Sections 240, 242, 243, 247, 262, 268 and 326 of the Penal Code Law.

The said criminal complaint was mentioned to respondent at the Magistrates Court and his plea was accordingly taken. Before taking his plea, however, re…