KECHI V. THE QUEEN

• Pages: 262-264

262

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NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.

siderations of benefit; for these are apt to deflect him from the path of integrity.

The words in the charge -

"a bribe

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that their conservancy contracts may not be terminated which favour

you are to show in the exercise of your function as councillors" -

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convey the sense of "corruptly". The appellants cannot say they were embarrassed

or misled by the omission of that word from the Particulars of the charge, they

were told plainly enough that they were accused of corruption.

The Court had in

Reg. v. Enebiene ljoma,

F.S.C. 309/1961 to consider whether

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the absence of the word "false" from the Particulars of a count of uttering laid under

section 478 of the Criminal Code. which speaks of a "false document", made the

count invalid; the Court said in its judgment (delivered on 7th July, 1962) that it did

not. Likewise here, the omission of the word "corruptly' did not make the charge

bad in law.

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The appeal fails on all points and is dismissed.

Appeal Dismissed.

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KECHI V. THE QUEEN

GABRIEL KECHI

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APPELLANT

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V

THE QUEEN

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RESPONDENT

SUIT NO. FSC 301/1963

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

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TAYLOR,

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J.S.C.

BAIRAMIAN,

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J.S.C.

21st November, 1963.

Criminal Appeals - Substantial miscarriage of Justice, case of

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Criminal Law - Homicide - Murder or Manslaughter - Provocation - Inadequate

appraisal of fact of provocation.

ISSUE:

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1. Whether failure of a trial judge to adequately appraise the facts of provocation

constitutes a substantial miscarriage of justice which warrants the substitution

of a conviction of manslaughter for one of murder.

FACTS:

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Out at a hunt the deceased shot the defendant's father and told the defendant

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of it in the bush. The defendant asked the deceased to take him to where his father

lay, but the deceased refused saying they should inform their townspeople first,

and added heartlessly that he was not the first to shoot a man, this and his refusal

to take him straight to his father angered the defendant.

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As the deceased was walking away from the defendant in the bush, the latter

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shot him and he died a few days later.

The trail judge did not consider the deceased's behaviour as sufficient provo-

cation and sentenced the defendant to death. He appealed.