CaseLaw
Ibrahim V. State (2017) CLR 5(a) (SC)
Judgement delivered on May 5th 2017
Brief
Facts
The appellant was arraigned before the Kano High Court presided over by Hon. Justice S. B. Namallam in Charge No. K/05/2012 on a two count charge of attempt to commit culpable homicide punishable under Section 229(1) of the Penal Code and culpable homicide punishable with death under Section 221 of the Penal Code. A scanty 2 and a half- page summary of Evidence of 5 witnesses were annexed to the charge. There was no written statement of the witnesses nor any of the documents referred to or analysis or proof of the evidence stated.
The appellant took objection stating that the materials brought forward by the prosecution are not sufficient materials and facts to enable him understand and defend the charge placed before the Court against him. The appellant states that he is in the dark as to the materials to be used to prosecute him. The appellant also stated that reliance on "The Criminal Procedure (Profferment of Charges in the High Court) Rules 1979" which the prosecution filed the scanty processes are unconstitutional. The High Court disagreed with the appellants complaint and the Court of Appeal dismissed the appeal there. It is in dissatisfaction that the appellant has come before the Supreme Court on appeal.