REX
V.
ANANTI EJIKEME

JELR 81097 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1944 10 WACA 252-253
CORAM
Cor. KINGDON, HARRAGIN, C.JJ. AND BROOKE, J.
Core Terms Beta
manslaughter
abortion
1st accused
3rd accused
attempt
case
offence
criminal code
death
facts
girl
question
section
1st accused of the offence
2nd accused
3rd accused’s case
3rd day of may
acquittal
charge of manslaughter
circumstances
conviction
court
declaration
evidence
father of the girl josephine
findings
following question
high court of the enugu-onitsha division
learned trial judge
men
opinion of the court
opinion of this court
president
prima facie case
reason
stated case
summing up of the case
waddington

The opinion of the Court was delivered by the President :- Three men were charged before Waddington, J., in the High Court of the Enugu-Onitsha Division with manslaughter contrary to section 325 of the Criminal Code, the particulars of the offence being given as :- “Ananti Ejikeme, Peter Umeobi and Vwigwe Hozue on or about the 3rd day of May, 1944, at Iyi-enu, in the Province of Onitsha, unlawfully killed Josephine Ananti ”.

The 1st accused is the father of the girl Josephine, the 2nd, accused was alleged to have made her pregnant, and the 3rd accused was alleged to have been procured by the 1st and 2nd accused to cause her to abort with the result that she died.

The learned trial Judge found that there was no prima facie case against the 2nd accused and discharged him. He also held that the evidence against the 3rd accused was insufficient and acquitted him, and in his summing up of the case against the 1st accused stated :-

The finding of Not Guilty in 3rd accused’s case is equivalent …

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