QUEEN V. EDACHE

• Pages: 13-15

QUEEN V. EDACHE



13

proceedings". It would certainly be anomalous if there was no right of appeal to

a party who wished the conclusive judgment of the High Court to be restored

Leave to appeal is accordingly given on the usual conditions.

Application granted.

QUEEN V. EDACHE

THE QUEEN

V

AJELOFU EDACHE

15

FEDERAL SUPREME COURT

ADEMOLA,



C.J.F.

UNSWORTH,



F.J.

TAYLOR,



F.J.

20



5th January, 1962.

RESPONDENT

APPELLANT

SUIT NO.FSC.33

4

/

1

961

Criminal Law - Homicide - Culpable Homicide punishable with death - Provocation

by words - Sufficiency to reduce charge to Culpable Homicide not punishable

with death - Section 221 Northern Nigeria Penal Code, 1959, (N. N. No.18 of

25



1959).

ISSUES:

1.

Whether mere words can be 'provocation", enough to reduce culpable

homicide punishable with death to one not punishable with death under the

30



provisions of the Penal Code of Northern Nigeria.

2.

Whether the Supreme Court can, under s.26(1) of the Federal Supreme Court

Act, uphold a conviction by the court below which had misdirected itself on an

important issue of Law, on the ground that no substantial miscarriage of justice

had been occasioned.

35 FACTS:

The charge for which the appellant was arraigned before the High Court was

Culpable Homicide punishable with death.

The deceased woman, the appellant's wife as a result of a marital dispute had

left him to go and live in her mother's compound. After unsuccessful proceed-

40



ings by the accused in the Native Court, the deceased went back to her mother's

compound and was heard later to cry out "Ajelofu is killing me" shortly after the

appellant came to the compound.

Two witnesses saw the accused come out of the room and run away and they

testified to this effect at the trial. The appellant made a similar statement to the ar-

45



resting Police Constable.

The appellant in his defence alleged that on the day in question he had gone

to demand for his wife to be returned by his father in law. His wife had on the oc-

cassion abused him by calling him a slave thus he got annoyed and stabbed her.

None of the prosecution witnesses had been examined to suggest that the words

50



had been used, nor was evidence led to show that the appellant was from a primi-

tive community in which the words used could be regarded as grave.

The trial Judge held that the provocation alleged by the accused was not such

as would reduce culpable homicide punishable with death to culpable homicide

not punishable with death and convicted the accused person as charged.

5

10