GIREMABE V. BORNU NATIVE AUTHORITY

• Pages: 217-219

GIREMABE V. BORNU NATIVE AUTHORITY.

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in a statement which he made to the police after her death. He said "I

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beat

her with the back of a matchet.

I

did not cut her at all

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I

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beat her with the

matchet at the neck, she fell and died," There was medical evidence that the de-

ceased's injury could not have been caused by the back of a matchet.

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In his statement to the police the appellant said that he was insane when he

killed the deceased. He did not make that defence at the trial, but in his grounds

of appeal he says that no reason can be adduced for his having killed the de-

ceased save that he lost his mind. The learned trial Judge considered the defence

of insanity in view of what the appellant had said in his statement to the police, and

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found that insanity had not been proved. On the evidence, that finding cannot be

disputed.

At the trial, the appellant said that he had killed the deceased upon her telling

him, for the first time, that he was not responsible for her pregnacy, which he said

he knew to be the case, and that he was not the father of her last child. The learned

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trial Judge disbelieved the accused, and observed that, even if the accused had

been believed, a confession of adultery without more is not sufficient to reduce a

charge which would otherwise be murder to manslaughter. That also cannot be

disputed.

It is not possible to take exception to the learned trial Judge's findings, and

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learned Counsel assigned to argue the appeal for the appellant had nothing to say

in support of it. Accordingly, we dismissed the appeal.

Appeal dismissed.

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GIREMABE V. BORNU NATIVE AUTHORITY.

30 CHIROMA GIREMABE

V

BORNU NATIVE AUTHORITY

APPELLANT

RESPONDENTS

SUIT NO. FSC 207/1961

FEDERAL SUPREME COURT.

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BRETT,

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Ag. C.J.F.

HURLEY,

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C.J.N.R.

BELLAMY,

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Ag. C.J. LAGOS

11th August, 1961.

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Courts - Supreme Court - Retrial - Federal Supreme Court Ordinance 1960 (No.

12 of 1960) Section 30.

Constitutional Law - Nigeria (Constitution) Order in Council, 1960, Second Schedule:

Part I, item 44; Part III item I(b) - Inconsistency - Federal and Regional

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Statutes - Implied amendment of Regional Statute - N.R. Criminal Procedure

Code (N.R. No 11 of 1960) sections 185, 314, 35.

ISSUES:

1.

Whether the Supreme Court can quash a conviction of culpable homicide

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punishable with death where the records of the trial fail to disclose evidence

that the deceased died as a result of the injuries received in the assault on him

by the accused.

2.

Whether the Supreme Court has power to give leave that an accused be charged

before the High Court.