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…

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