The judgment of the Court was delivered by the President :- The Appellant was charged in the Kaduna Judicial Division of the High Court sitting at Gombe with the murder of a man named Adamu Kundulum. He was convicted and sentenced to death.
He has appealed to this Court upon the certificate of the trial Judge that it is a fit case for an appeal upon the following grounds :-
“The appellant had been arrested by the deceased who was an N.A. Policeman, and had escaped from him, and killed him upon his (the deceased’s) attempting to recapture him. The decision involved the question of whether the appellant's arrest was lawful or not, and if not (and I held that it was not) whether in the circumstances the killing of the deceased was murder or manslaughter.”
The facts are sufficiently stated in those grounds with the addition of the Judge’s finding.
“The killing was very savage and done with a knife against a man armed with a stick.”
The learned trial Judge having held in his judgment that the …