(1972) JELR 46123 (SC)    

Supreme Court  ·  SC.249/1971 ·  5 May 1972 ·  Nigeria
Other Citations
(1972) All N.L.R 498 (1972) 5 S.C. 13
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
criminal procedure code
learned trial judge
mr. brown-peterside
1st accused
2nd accused
high court
penal code
ground of appeal
previous statements
appeal court
fair trial
federal supreme court
such error
account of any error
justice of the peace
lee kun
mr. shittu
northern region
services of an interpreter
true interpretation of the evidence
16th june
9th prosecution witnesses
accused person
case kws
chief magistrate
criminal act
criminal force
criminal procedure code law
death of the said sule salami
following terms
hide canes
high courts
ilorin high court
inspector general of police
interpretation of any evidence
learned state counsel
mr. sawyer
present case
presiding judge
prosecution witnesses
record of proceedings
senior state counsel
subsequent days of the trial
use of the record of trial

SIR I. LEWIS, J.S.C. (Delivering the Leading Judgment): In case KWS/7C/1969, in the Ilorin High Court, the two accused were charged in the following terms:-

"That you, Peter Locknan, and Happy Apolo, on or about the 3rd pay of August, 1968 at Okengwen in the Kwara Judicial Division had formed a common intention together and with other persons unknown, to commit an offence, namely using criminal force on one Sule Salami in furtherance of which you did the following criminal act to wit-causing the death of the said Sule Salami by jointly maltreating and beating him with hide canes and inflicting numerous injuries, the cumulative effect of which caused his death, with the knowledge that death would be a probable consequence of your acts and thereby committed the offence of culpable homicide punishable with death under section 221 read with section 79 of the Penal Code and triable by the High Court", and on the 30th August, 1971 Adesiyun, J. found them both guilty accordingly and sentenc…

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