REX
V.
MBUI EBI

KINGDON, C.J., NIGERIA.

The appellant appealed against his conviction for the murder of Eteng Usani on the ground that (a) the homicide was justifiable as being in defence of his property and (b) there was sufficient provocation to reduce the offence to manslaughter. The Acting Solicitor-General at the outset intimated that he could not support the conviction for murder. He submitted, however, that on the facts appellant should have been convicted of the offence of manslaughter. After hearing him and Counsel for the appellant this Court quashed the conviction and stated that it would give reasons in writing for that decision.

The evidence shows that on the 30th and 31st December, 1935, there was considerable fighting in the town of Ugep between the people of the Biko-Biko and Ukpakapi quarters and those of the Ijiman quarter, which resulted in two persons, one of whom was Eteng Usani, being killed and a number of others being wounded.

The Assistant Judge in the course of his “summing up”…