EFFANGA V. THE STATE

• Pages: 317-320

317

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NIGERIAN SUPREME COURT CASES

[1969] N.S.C.C.

Ali Umaru Ndolo was the

dispensary

assistant who was invited to the scene of

the incident soon after the death of the deceased. He testified at the trial describ-

ing the injuries on the deceased thus:-

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"I saw the body on the floor of a room. Intestines had escaped from the left side

of her stomach. One wound was visible on the left of the abdomen. I wrote a

report immediately. I directed the burial of the body."

He was cross-examined by counsel for the accused who produced the report

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in question and asked the witness whether he had made it. The witness then con-

firmed that he made the report whereupon counsel sought leave to tender the re-

port through the witness and it was admitted in evidence and marked exhibit

B.

In

our view, exhibit

B

was properly admitted in evidence at the instance of the defence

and it is not now open to the defence to challenge its admissibility.

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This disposes of all the grounds of appeal urged upon us on behalf of the ap-

pellant, and as we could find no substance in any of them, we dismissed the ap-

peal.

Appeal dismissed.

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EFFANGA V. THE STATE

25

ARCHIBONG EFFIONG EFFANGA



APPELLANT

V

THE STATE



RESPONDENT

SUIT NO. SC 11

7

/

1

969

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SUPREME COURT OF NIGERIA

ADEMOLA,



C.J.N.

MADARIKAN,



J.S.C.

COKER,



J.S.C.

31st October, 1969.

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Criminal Law - Murder - Wound - Death after intervening incidents - Test -

Whether from legal point of view death caused by injuries sustained - Not

whether from medical point of view death caused from such injuries - That

death could have been prevented by proper care and treatment immaterial

-

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Criminal Code 5.312.

ISSUE:

1. In considering the cause of death of a deceased person, is it material that the

death could have been prevented by proper medical treatment?

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FACTS:

The appellant was convicted in the High Court Calabar, of murdering the de-

ceased and sentenced to death.

Owing to a slight disagreement between the appellant and the deceased a fight

ensued and the appellant received a slight cut from the matchet the deceased was

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holding. The fight was stopped by the intervention of the 1st prosecution witness

and the report of the incident was made to the Head Chief who asked the deceased

to give the appellant some money as compensation.