AUZINAWA V. KANO NATIVE AUTHORITY

• Pages: 27-28

AUZINAWA V. KANO NATIVE AUTHORITY

27

This seems to us adequately to fulfil the requirements of the Muslim Law on the

point.

The appeal is accordingly dismis:ied.

Appeal dismissed.

5

AUZINAWA V. KANO NATIVE AUTHORITY

10

DANJUMA D.B.R. AUZINAWA

V

KANO NATIVE AUTHORITY

15

FEDERAL SUPREME COURT

FOSTER SUTTON, F.C.J.

JIBOWU,

F.J.

ABBOTT,

Ag, F.J.

20

19th April, 1956.

APPELLANT

RESPONDENT

SUIT NO. FSC 3

2

/

1

956

Criminal Trial- Accused should be asked if he has witnesses and a record made

of this.

25

ISSUE:

1.

Whether in a Criminal trial the accused should be asked if he has witnesses and

a record should be made of this.

FACTS:

This was an a appeal from a conviction of murder in the Emir of Kano's court.

30

An appeal to the High Court was dismissed. The main ground of appeal to this

court was that the appellant was not given the opportunity to call witnesses to es-

tablish his defence of an alibi. This point was not taken to the appeal before the

High Court, but as this was an appeal in a Capital case, the court allowed the point

to be taken.

35

There was nothing in the record of the trial in the Emir's court to indicate that

the appellant was asked if he had witnesses to call in support of his alibi. The ap-

pellant now states that he has such witnesses and gives their names and describes

where they can be found.

HELD:

40

1. In cases such as this an accused should always be asked if he has witnesses.

2.

A record should be made of this question and the accused's answer.

E. Lewis Thomas

for Appellant.

f.

G.

Mclean, Crown Counsel

for Respondent.

45

FOSTER SUTTON, F.C.J.

The appellant was charged with the murder of one

Maikano, Bici. The prosecution alleged that the deceased died as a result of stab

wounds inflicted by the appellant with a knife, and

the

offence is said to have been

committed on Wednesday, the 19th day of August, 1953 at about 3.30 a.m., near

50

Goron Dutse in the Kano City of Kano Emirate, Kano Province.

The case for trial before the Court of the Emir of Kano on the 26th September,

1955. The appellant was convicted of murder, and an appeal by him to the High

Court was dismissed by Brown, C.J., and Smith, J., on the 11th January,

1956.