AJAYI & ANOR V. ZARIA NATIVE AUTHORITY

• Pages: 137-141

AJAYI & ANOR V. ZARIA NATIVE AUTHORiTY

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cause there was no reasonable apprehension of death or grievous hurt when he

was seized by the deceased woman; neither could it be brought under subsection

(2) of section 222; for the mitigation in it operates where in the

bona fide

exercise

of the right of private defence that right is exceeded, and the homicide is non-capi-

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tal upon condition that the offender is exercising that right -

(i)

without premeditation; and

(ii)

without any intention of doing more harm than is necessary for the purpose

of such defence.

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Here we have a person who entered by stealth, at midnight, a house which was

shut and of which the inmates were asleep, with the intention of committing an of-

fence, he was carrying a knife, and when he was seized by the deceased woman

he stabbed her mortally to effect his escape.Can it be said reasonably that in kill-

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ing her he was exercising a right of self-defence in good faith without premedita-

tion, and without any intention of doing more harm than was necessary? It cannot.

We agree with the view of the trial Court that he had no reason to kill the deceased.

We have considered the case in the light of sections 65 and 222(2) on the as-

sumption, favourable to the appellant, that they could apply; we have done so be-

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cause there was no argument on the right of arrest, on which we hope to hear

argument some other day. Upon any view the conviction for culpable homicide

punishable with death was correct, and the dismissal of the appeal to the High

Court was right. We therefore dismissed the appeal at the hearing.

Appeal Dismissed.

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AJAYI & ANOR V. ZARIA NATIVE AUTHORITY

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BURAIMAH AJAYI

JULANDE JOS

V

35 ZARIA NATIVE AUTHORITY

FEDERAL SUPREME COURT.

ADEMOLA,

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C.J.F.

DE LESTANG,

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C.J.

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BRETT,

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F.J.

BAIRAMIAN,

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F.J.

4th April, 1963.

APPELLANTS

RESPONDENT

SUIT NO. FSC 113/1962

Criminal Law and Procedure - Fair trial - Interpretation of evidence for accused.

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Legislation - Northern Nigeria - Criminal Procedure Code, s.382 - Federal -

Constitution of the Federation 1960, .s.21(5)(4), (s.22(5)(e) of the 1963 Constitution).

ISSUES:

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1. What burden does s.382 of the Criminal Procedure Code N.N. place on a

person alleging irregularity in his trial on appeal?

2. Whether the failure of a Court interpreter to properly interpret its proceedings

to defendants amounts to a failure of justice.