NWEKE
V.
THE STATE

(1965) JELR 80382 (SC)    
Supreme Court  ·  SC. 49/1965 ·  29 Apr 1965 ·  Nigeria
 · 
Other Citations
(1965) LCN/1265(SC)
CORAM
BAIRAMIAN, JUSTICE, SUPREME COURT ONYEAMA, JUSTICE, SUPREME COURT COKER, JUSTICE, SUPREME COURT
Core Terms Beta
appellant
person
section
sawyers
criminal code
criminal procedure ordinance
appellant’s house
arrest
night
wrongful act
case of unlawful arrest
police
police officer
police station
private person
absence of a police officer
case of murder
cause of the arrest
counsel’s first point
cox c. c.
criminal offence
defence story
discussion of the second point
ejilewe ukwuagba mgbo
end of the house
following cases
head of the night-guards
indictable offence
judgment of the court
learned judge’s view
legality of the intended arrest
mr obi okoye
nearest station
night-guard
order amount
ordinary person
personal liberty
present case
previous night
private person arrests
provisions of section
right shoulder
said section
sake of the second point
second point
section states
trial judge
ultimate destination
unnecessary delay
village night-guards

BAIRAMIAN, J.S.C. (Delivering the Judgment of the Court):-

The appellant was convicted of the murder on 1st March, 1964, at Ejilewe Ukwuagba Mgbo, Abakaliki, in Abakaliki Province, of one Omenyi Odoh; the trial was before J.A. Phil-Ebosie, J., who gave judgement on January 9th 1965; the appeal has come up with commendable speed.

On the 29th February, 1964, in the night, one of the village night-guards saw the appellant carrying a piece of sawn timber and challenged him; he dropped it and ran away; the night-guard picked it up and in the morning reported the incident to the deceased, the head of the night-guards. The deceased assembled other night-guards and invited two sawyers; these claimed the piece of timber as theirs. They proceeded to the appellant’s house, to arrest him and take him to court. They met him, and the deceased told the sawyers that he was the person who stole their timber. The sawyers noticed a pile of sawn timber at one end of the house and walked up to it; they brou…

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