HASSAN IBRAHIM v. THE STATE
(2014) LPELR-22306(CA)
In The Court of Appeal of Nigeria
On Wednesday, the 22nd day of January, 2014
CA/K/176/C/2007
Before Their Lordships
DALHATU ADAMU Justice of The Court of Appeal of Nigeria
ABDU ABOKI Justice of The Court of Appeal of Nigeria
ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Between
HASSAN IBRAHIM Appellant(s)
AND
THE STATE Respondent(s)
RATIO DECIDENDI
1. WORDS AND PHRASES - "SHALL": The meaning of the word "Shall"
"The word "shall" in Section 187(1) of the Criminal Procedure Code Cap.37 Laws of Katsina State 1991
which is in pari materia with Section 36(6)(a) and (e) of the 1999 Constitution of the Federal Republic
of Nigeria has received a judicial pronouncement to mean mandatory, compulsory and imperative
command and it is inconsistent with a concept of discretion - See Ogidi vs. State (supra) pages 334."
Per ADAMU,J.C.A. (P.14,paras.D-F) (...read in context)