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REX
V.
ANANTI EJIKEME
THE WEST AFRICAN COURT OF APPEAL HOLDEN AT LAGOS, NIGERIA
19TH DAY OF OCTOBER, 1944
2PLR/1944/31 (WACA)
OTHER CITATION(S)
2PLR/1944/31 (WACA)
(1944) X WACA PP. 252 – 253
LEX (1944) – WACA PP. 252 – 253
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BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
HARRAGIN, C.J.
BROOKE, J.
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BETWEEN:
REX — Respondent
AND
ANANTI EJIKEME — Appellants
ORIGINATING COURT(S)/TRIBUNAL(S)
Case stated by the Judge of Enugu-Onitsha High Court.
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REPRESENTATION
N.G. Hay — for the Crown
The Defendant not represented
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE — ABORTION:- Death from abortion — Acquittal of defendant charged with effecting abortion — Conviction of co-defendant charged with inciting defendant to commit the abortion — Validity of — Case stated on attempted manslaughter — How treated
CRIMINAL LAW AND PROCEDURE — MANSLAUGHTER:- Attempt to commit manslaughter or incitement to commit manslaughter — Whether a valid category of offence(s)
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CASE SUMMARY
As the result of abortion, Defendant Ananti Ejikeme’s daughter died. A. E. and X (there was another Defendant but his case is not relevant to this report) were charged with manslaughter, it being alleged that A. E. incited X to cause the abortion, and that X caused the same. X was acquitted, but A. E. was convicted of attempted manslaughter on a finding that he had incited X to cause the abortion and that death ensued from abortion. On a case stated on whether such conviction was right having regard to X’s acquittal:-
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DECISION(S) OF THE WEST AFRICAN COURT OF APPEAL
Held,
1. that as X had been found not to have committed the offence, the incitement of X by A.E. was not the cause of death, and therefore A.E.’s conviction was wrong.
2. that there was no inciting to commit manslaughter or attempt to commit manslaughter; indeed it is difficult to conceive circumstances which would amount to an attempt to commit manslaughter.
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MAIN JUDGMENT
The opinion of the Court was delivered by the President:-
Three men were charged before Waddington, J., in the High Court of the Enugu-Onitsha Division with manslaughter contrary to section 325 of the Criminal Code, the particulars of the offence being given as:-
“Amanti Ejikeme, Peter Umeobi and Nwigwe Ilozue on or about the 3rd day of May, 1944, at Iyi-enu, in the Province of Onitsha, unlawfully killed Josephine Ananti.”
The 1st accused is the father of the girl Josephine, the 2nd accused was alleged to have made her pregnant, and the 3rd accused was alleged to have been procured by the 1st and 2nd accused to cause her to abort with the result that she died.
The learned trial Judge found that there was no prima facie case against the 2nd accused and discharged him. He also held that the evidence against the 3rd accused was insufficient and acquitted him, and in his summing up of the case against the 1st accused stated:-
“The finding of Not Guilty in 3rd accused’s case is equivalent to a declaration that 3rd accused did not commit the offence.”
But he found as facts:-
(1) that 1st accused had incited 3rd accused to cause the abortion;
“(2) the girl had died as the result of a criminal abortion.
Upon these findings he convicted the 1st accused of the offence of attempted manslaughter, provisionally and subject to the opinion of this Court upon the following question which was submitted on the stated case, viz.:-
“Whether, on the facts stated above, following the acquittal of the 3rd accused on the charge of manslaughter, it was open to this Court to convict the 1st accused of attempted manslaughter under the provisions of section 1513(1) of the Criminal Code and section 57 of the Criminal Procedure Ordinance.”
We answer that question in the negative for the reason that the 1st accused was not proved to have incited the 3rd accused to kill the girl — that would have been inciting to murder —, but, on the finding, was proved to have incited the 3rd accused to attempt to procure her abortion — an incitement which, on the accepted basis that the 3rd accused did not commit the offence, was not the cause of the girl’s death.
Clearly there was no inciting to commit manslaughter or attempt to commit manslaughter; indeed it is difficult to conceive circumstances which would amount to an attempt to commit manslaughter.
Question answered. Conviction disallowed.
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