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YANOR & ANOR.
V.
THE STATE

(1965) JELR 61764 (SC)

Supreme Court 11 Jun 1965 Nigeria
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- The appellants were convicted of culpable homicide and sentenced to death. - The prosecution's case was that the appellants, along with a crowd, attacked and killed the deceased. - The appellants denied the charges and set up an alibi def

Case Details

Suit Number:SC/165/1965
Judges:BRETT, COKER AND IDIGBE, J.J.S.C.
Counsel:J.A. COLE for the appellants. MALLAM BELLO, D.P.P., N.N., for the respondent.

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 interfere…

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