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MBANENGEN SHANDE v. THE STATE

(2004) JELR 45093 (CA)

Court of Appeal  •  CA/J/134C/2002  •  27 Apr 2004  •  Nigeria

Coram
OLUDADE OLADAPO OBADINA JCA; AMIRU SANUSI JCA; IKECHI FRANCIS OGBUAGU JCA;

Judgement

SANUSI, JCA (Delivering the Leading Judgment): Mbanengen Shande, the appellant herein was arraigned before the High Court of Justice of Benue State sitting in Makurdi in suit No. MHC/5C/98 on a charge of culpable homicide punishable with death, contrary to section 221 of the Penal Code. She was tried, convicted and sentenced to death by the said court (hereinafter referred to as 'the trial court') Coram Kpojime, J. Dissatisfied with the decision of the trial court delivered on the 13th day of April, 1999, she appealed to this court.

The facts which gave rise to this appeal are summarized hereunder.

The appellant was the wife of the first prosecution witness, one Mr. Benjamin Iorumun Shande. On the 8th of May, 1992, the latter visited the deceased, one Mrumun Dera, his mistress in a village called Jato-Aka and slept there. On 9/5/97, he gave the deceased (his mistress) transport money on her request so that she could travel to his village Achia, where he used to stay with the appellant…

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