CORAM

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BRETT, JUSTICE SUPREME COURT

HURLEY, JUSTICE SUPREME COURT

BELLAMY, JUSTICE SUPREME COURT

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PARTIES

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APPELLANTS

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BORNU NATIVE AUTHORITY

RESPONDENTS 

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AREA(S) OF LAW

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ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION   1960   FSC 207/1959   [1960] NSCC 41

CRIMINAL LAW – PROOF OF CULPABLE HOMICIDE- EVIDENCE

 

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SUMMARY OF FACTS

ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION   1960   FSC 207/1959   [1960] NSCC 41

The appellant was charged for culpable homicide, there was no evidence the deceased died from the injuries inflicted by the appellant. The prosecuting constable, who was not a witness, said that the appellant had died in the hospital after two days’ illness.

 

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HELD

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ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION   1960   FSC 207/1959   [1960] NSCC 41

The court held that it was not proved that the deceased was killed by the appellant and ordered a retrial in view of the circumstances of the case.

 

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ISSUES

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ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION   1960   FSC 207/1959   [1960] NSCC 41

Whether the prosecution proved the appellant killed the deceased.

 

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RATIONES DECIDENDI

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ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41

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PROOF OF CULPABLE HOMICIDE

‘There must be evidence the deceased died from the injuries inflicted by the accused for a conviction for murder to be justified.’ Per Hurley, C.J.N.R

 

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CASES CITED

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Not Available

 

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STATUTES REFERRED TO

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Not Available

 

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