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NAFIU RABIU V. KANO STATE

(1980) JELR 33943 (SC)

Supreme Court  •  SC.49/1980  •  21 Nov 1980  •  Nigeria

Coram
UDO UDOMA JSC; AYO GABRIEL IRIKEFE JSC; CHUKWUNWEIKE IDIGBE JSC; ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC;

Judgement

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): In these proceedings the appellant is one Nafiu Rabiu of Dawaki Road, Nasarawa, Kano and the respondent is the State of kano. We have before us an appeal from a judgment of the Federal Court of Appeal holden at Kaduna (Nasir P., Kazeem and Nnaemeka-Agu, JCA.,) which allowed the appeal of the State of Kano from the judgment of the High Court of Kano State (Jones, CJ.,) whereby the appellant was discharged and acquitted at the end of his trial, in the State High court, on a criminal charge of culpable homicide (punishable with death) of his wife, Hajiya Fati Mohammadu Nafiu, on the 10th day of May, 1979. The appellant contends that the Federal Court of Appeal (hereinafter, called the Court of Appeal) has no jurisdiction to entertain the appeal which came before it, and consequently erred in law when by its judgment delivered on the 5th day of May, 1980, it reversed the decision of the High Court of Kano State and convicted the appella…

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