THE QUEEN V. OJI

• Pages: 145-150

NIGERIAN SUPREME COURT CASES [1961] N.S.C.C.

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in the High Court is begun as a preliminary investigation before a Magistrate, and,

if he commits the accused person for trial, the case is terminated in the High Court.

If any such case had been begun before a Magistrate, before the 30th September,

1960, it was a pending cause or matter at that date, and should be continued to

the termination of the case in accordance with the criminal Procedure Ordinance

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under which it had been begun. In our view the intention of section 3 was to avoid

mixing the old procedure with the new. The new Procedure Code did not apply to

the present case, so no question arises of whether or not a provision of the new

Code was observed.

No complaint was made on the merits of the case. The appellant, who had a

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grievance against the deceased connected with the appellant's wife, deliberately

stabbed him mortally. He was rightly convicted, and his appeal is dismissed.

Appeal dismissed.

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THE QUEEN V. OJI.

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THE QUEEN

V

RESPONDENT

STEPHEN OJI

APPELLANT

SUIT NO.FSC.1421/1961

SUPREME COURT.

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BRETT,

TAYLOR,

BAIRAMIAN,

2nd June, 1961.

F.J.

F.J.

F.J.

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Legislation - Penal Code of Northern Nigeria, Ss.59 to 67, 220, 221, 222(1), 222(4)

- Criminal Procedure Code of Nothern Nigeria.

Criminal Law - Culpable Homicide Punishable with Death - Private Defence -

Culpable Homicide not Punishable with death - Sudden quarrel - Heat of

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passion - acting in a cniel and unusual manner.

ISSUE:

1. What is the difference between "acting in a cruel manner" and "acting in an

unsual manner."

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2. Can the question a person acted in the heat of passion, be deduced from the

feracity of the action?

FACTS:

The Appellant was convicted of Culpable Homicide punishable with Death

under section 221 of the Penal Code of Northern Nigeria and was sentenced to

45 death. The evidence showed that he and the deceased and one Ngom lived on

the same compound. Some money of Ngom's had been stolen. The appellant

leaving the compound with a knife in his hand. The deceased, accusing of steal-

ing the money and of running away, interposed and tried to prevent his leaving.

The appellant insisted upon leaving. The deceased then procured a matchet,

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stood in front of the Appellant and said that he should not pass. A struggle en-

sued in which the Appellant threw the deceased to the ground, stabbed him with

the knife and seized the matchet. The deceased got up and the Appellant then

struck him a number of blows with both the knife and the matchet as a result of