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MBANENGEN SHANDE v. THE STATE

(2005) JELR 45214 (SC)

Supreme Court  •  SC.184/2004  •  17 Jun 2005  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; DAHIRU MUSDAPHER JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC; SUNDAY AKINOLA AKINTAN JSC;

Judgement

EJIWUNMI, JSC (Delivering the Leading Judgment): This appeal may be rightly described as the fury or rage into which a jealous wife could be driven. Before the appellant in this appeal was arraigned before the High Court of Benue State in the Benue State Judicial Division, holden at Makurdi upon the application of the prosecution to prefer a charge brought pursuant to section 185(b) of the Criminal Procedure Code. The said application was supported by proofs of evidence, the statement of the appellant and the medical report of the deceased. As the learned trial Judge, having read the said application with the documents attached thereto, granted leave for the preferment of the charge against the appellant. The court also ordered that the appellant be served with the proofs of evidence and the charge.

After the orders of the court were duly effected on the appellant, the plea of the appellant was taken. Before the plea was taken, the charge was read out to the appellant by the court cle…

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