REX
V.
EMEAGURU INYIOHA

JELR 81017 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1945 11 WACA 51-52
CORAM
COR. BAKER, AG.C.J., BROOKE AND MARTINDALE, JJ.
Core Terms Beta
charge
conviction
appeal
case
death
murders
nigerian law
charge of murder
difference
nigeria
opinion
reason
r. v
section
sentence
trial
2nd day of january
attention of the court
baker
basis of this rule of english law
counsel
criminal procedure ordinance no.
crown
decision
emeaguru inyioha
english law
express prohibition
fact
failure
force of an ordinance
indictment
irregular ab initio
judge
judgment
june
new criminal procedure ordinance no.
obulo-eziama nneato
particulars
particulars of the offence
pertinent paragraph
place
province of owerri
ugo chima
words

 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…

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