YANOR & ANOR.
V.
THE STATE

(1965) JELR 61764 (SC)

Supreme Court · SC/165/1965 · 11 Jun 1965 · Nigeria

CORAM

BRETT, COKER AND IDIGBE, J.J.S.C.

Core Terms ^Beta

appellants

evidence

counsel

defence

learned judge

1st appellant

accused person

alibi

defence of alibi

northern nigeria

learned trial judge

witnesses

witness summons

4th february

criminal procedure code

future time

lower court

material witness

particular defence witness

proceedings of the 4th day of february

1st day of february

1st december

1st p

adjournment of the trial

appellants-members of the crowd

armed crowd

course of the trial

court of his futile attempts

court of the unsuccessful attempts

defence witness

good reason

high court

hold of the deceased

instance of defence counsel

judgment of the court

main ground of appeal

material evidence

northern nigeria criminal procedure code

patrick kwaghmande

p c. kwaghmande

penal code

police authorities

police constable

premises of the deceased

presence of defence counsel

reasonable expectation

refusal of the learned trial judge

resumed hearing

summary of the case

support of this ground of appeal

IDIGBE, J.S.C. (Delivering the judgment of the Court): The appellants were convicted of the offence of culpable homicide contrary to section 221 of the Penal Code (Northern Nigeria) and each sentenced to death by the High Court, Northern Nigeria (Jones, J.). A summary of the case for the prosecution is as follows. On the 7th July, 1964, an armed crowd entered the premises of the deceased-a tax-collector of Mbavaa in the Tiv Division of Northern Nigeria. The crowd got hold of the deceased, tied a rope around his waist and marched him to a spot near the compound of one Adagba (a “Kindred-head”). As they marched towards the premises of Adagba the deceased pleaded in vain with the crowd for his liberty; and from the crowd there were shouts of. “No, we are going to kill you.” The deceased’s son, P .W.1, pleaded unsuccessfully with the crowd for the liberty of his father and followed them up to the premises of Adagba. There P.W.1 met PW2 and PW3 and together they watched, afraid to interfer…

YANOR & ANOR. V. THE STATE

YANOR & ANOR.
V.
THE STATE