REX
V.
EMEAGURU INYIOHA
·
BAKER, AG.C.J., NIGERIA:-
This is an appeal against a conviction on a charge of murder. The particulars of the offence read as follows:-
“Emeaguru Inyioha on the 2nd day of January, 1945, at Obulo-Eziama Nneato, in the Province of Owerri, murdered two nameless newly- born twin babies”.
When it was pointed out to Crown counsel that they were identical with the particulars given in R. v. Ugo Chima (before W.A.C.A. on the 11th of July, 1944, unreported) he said he was unable to support the conviction. We agreed with him that the Judge who tried the case was bound-by that decision, from which we see no reason to dissent. The pertinent paragraph in the judgment is as follows:-
“But apart from this we are of opinion that the proceedings were irregular ab initio and that the conviction must be quashed.
It is apparent that the Appellant was charged with and tried for two murders at the same time. In the case of Rex v. Bekwm (7 W.A.C.A., p. 10) it was pointed out that the Nigerian law in such a ca…
