LIADI V. THE STATE

• Pages: 59-61

LIADI V. THE STATE

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evidence was shown to exist, at any rate nothing appears to support this on the

records of appeal before us. We hear in mind that the Judge ordered the appel-

lant to be arrested with a bench warrant but both warrants used in arresting him

on both occasions were clearly not bench warrants and are clearly false to the ex-

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tent that they were regarded as such. Where contempt of court is punishable

brevi

many

in court no warrant is necessary for the apprehension of the offender as he

is always in court and the contempt is stated to have been committed

coram judice.

In other cases the proper procedure of apprehension or arrest, charge, prosecu-

tion, etc., must be followed and ii followed will obviate the necessity of having to

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amend the processes in so distasteful a way as had happened in this case.

We conclude that for reasons appearing in this judgment, this appeal must he

allowed. It is so allowed and the judgment appealed from (Charge No. C/2C/69 -

High Court, Calabar) involving the conviction and sentence of the appellant is set

aside. We order that in its place an order of discharge and acquittal be entered

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in favour of the appellant and if the fine of 211 has already been paid by him, it

should be refunded forthwith.

Appeal allowed: judgment of High

Court set aside: order of

discharge and acquittal entered in

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favour of appellant.

LIADI V. THE STATE

25

SULU LIADI

V

30 THE STATE

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

MADARIKAN,

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J.S.C.

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UDOMA,

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J.S.C.

13th March, 1970

APPELLANT

RESPONDENT

SUIT NO. SC 186/69

Criminal Law - Homicide - Murder - Jury -

Summing

up - Trial Judge failing

to leave issues of fact to Jul). to determine - Effect.

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ISSUE:

1. In a criminal trial, what is the effect of a trial Judge failing to leave issues of fact

to the jury to determine?

FACTS:

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The appellant and the deceased were 1st cousins and were both married. The

deceased, it appears, paid attention to the appellant's wife. The appellant claimed

he had made a report about this to their people and that the deceased had been

warned but there appeared to be no record of either the report or the warning.

One afternoon, while the deceased's wife and her sister were making mats under

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a tree, the deceased returned and went to sleep under the same tree. About two

hours later, the appellant returned home, went straight to the deceased where he

was lying and inflicted serious matchet wounds on him. He was carried to the

General Hospital where he died soon afterwards. A post- mortem performed on

him revealed that he died as a result of the multiple wounds. Five days later, the