DASI V. STATE

• Pages: 278-280

278

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NIGERIAN SUPREME COURT CASES

[1970] N.S.C.C.

DASI V. STATE

5

MUHAMMADU DAN JUMA DASI

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APPELLANTS

V

THE STATE

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RESPONDENT

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10

SUIT NO. SC 206/70

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

LEWIS,

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J.S.C.

MADARIKAN,

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J.S.C.

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15

19th November, 1970

Criminal Practice and Procedure - Culpable homicide punishable with death -

Contrary to section 221 of the Penal Code - Judgment - Pronouncement of -

Omission to add "the accused shall be hanged by the neck till he be dead"

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- Non - Compliance with s.273 of the Criminal Procedure Act - Defence of

Insanity rejected.

ISSUE:

1. Whether the non-compliance of a trial Judge with the provisions of s.273 of the

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25

Criminal Procedure Act can invalidate a judgment.

FACTS:

This is an appeal from conviction in respect of culpable homicide punishable

with death, contrary to section 221 of the Penal Code, by Bate, S.B.J. in the High

Court of Benue Plateau State.

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At the appeal, the court was satisfied that the learned trial Judge had carefully

considered the evidence before him. On the other hand, the learned counsel for

the defence was unable to urge anything new on behalf of the accused except to

point out that in sentencing the accused to death, the record shows that the learned

trial Judge did not comply with section 273 of the Criminal Procedure Act, in that

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he did not direct that the accused be hanged by the neck till he be dead.

HELD:

1.

The Supreme Court had dealt with the question of non- compliance with section

273 of the C.P.A. in

Gano v. The State

and decided on that occasion that the

omission be brought to the notice of the learned trial Judge so that he might

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rectify the error.

2.

The omission should be brought to the attention of Bate, S.P.J., so that he may

add to his judgment the words: The accused shall be hanged by the beck till

he be dead." (Gano v.

The State followed).

Non compliance with the provisions

of s.273 of the Criminal Procedure Act cannot invalidate the judgment, as it is

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a mere error.

CASE REFERRED TO IN JUDGMENT:

1.

Gano v. The State

S.C. 182/68 of 29 November, 1968 (unreported).

50

Thanni

for the Appellant.

Ogbe,

Senior State Counsel, Jos

(Uloko S.C.

with him), for the Respondent.