REX
V.
MBUI EBI

JELR 81120 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1936-37 3 WACA 36-37
CORAM
Cor. KINGDON, PETRIDES and WEBBER, C.JJ.
Core Terms Beta
house
assistant judge
eteng usani
stones
defence of his property
section
self-defence
30th december
31st december
acting solicitor-general
building of a concrete
criminal code persons
defence
defence of his person
eighth edition
eighth witness
evidence of the first witness
evidence shows
facts appellant
ground of defence of property
helmets
high degree
house of a friend
ijiman quarter
iron house
learned assistant judge
learned trial judge
murder of eteng usani
night
particular person
passage
people of the biko-biko
person
persons
previous intention
shields
such persons
town of ugep
ukpakapi people
ukpakapi quarters
war helmet
years’ imprisonment
young man

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”…

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