NTAH V. THE QUEEN

• Pages: 242-244

242

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NIGERIAN SUPREME COURT CASES

[1961] N.S.C.C.

is capable of being formulated with precision, and before a question is referred

to this Court it should be so formulated as to enable this Court to deal with all points

which fairly arise and at the same time to confine itself to those points. We would

draw attention to what was said about this in

Olawoyin v. Police,

(F.S.C. 73/1961.

(1961) All N.L.R. 203 and to the course followed in

Director of public Prosecu-

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tions v. Chike Obi,

(F.S.C. 56/1961), (1961) All N.L.R. 186. Any suggestion that a

power conferred by a law is inconsistent with the constitution should specify the

provisions of the constitution with which it is suggested that the power is inconsist-

ent, and the question set out in counsel's application in this case is too general in

its terms to enable the High Court to decide whether it is really one of substance,

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or to enable this Court to give a satisfactory answer.

For these reasons we hold that the defect in the present proceedings goes be-

yond the making of an inappropriate order, and that even if the order were cor-

rect in form there would be no properly made reference before us.

The matters to which we have drawn attention point to the conclusion that ex-

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cept where the question involves the jurisdiction of the court or the competency of

the proceedings, the proper time for referring a question as to the interpretation

of a constitution to this Court will normally be after the Court below has heard and

determined the other issues arising in the proceedings, since it will not be possible

before then to say with certainty whether any question as to the interpretation of a

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constitution arises, or to formulate correctly any question that does arise. Without

laying down any invariable rule in the matter, we consider the High Courts should

be guided by this as a general principle, and should not make interlocutory ref-

erences where it can be avoided.

Ademola, F.C.J.:

I concur.

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Mbanefo, C.J.: (East)

I concur.

Unsworth, F.J.:

I concur.

Taylor, F.J.: I

concur.

Reference struck out.

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NTAH V. THE QUEEN.

35

FRIDAY NTAH



APPELLANT

V

THE

QUEEN



RESPONDENT

SUIT. NO. FSC 308/1961

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FEDERAL SUPREME COURT

ADEMOLA,



C.J.F.

UNSWORTH,



F.J.

TAYLOR,



F.J.

20th October, 1961.

Criminal Law - Murder - Death following assault - Evidence that deceased

suffered from enlarged spleen - spleen ruptured by blows - intention to kill

or inflict grievous bodily harm - insufficiency of evidence - Criminal Code,

Cap.42, Section 316(1), 316(2) - Murder - Manslaughter.

ISSUE:

1. Whether there must be evidence of an intention to kill or an intention to do

grievious bodily harm, to support a conviction of murder.

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