Rex V. Azusa Akpunonu & Anor (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Murder—Child buried alive by its father—Mother Appeal from present when crime committed—No evidence that mother aided, High Court. abetted, counselled or procured father to commit the act.

Facts

The appellants were the ‘father and mother respectively, of newly born twins. The first appellant, the father, buried alive the newly born male child in the .presence of the mother, who is the second appellant. There was no evidence that the mother took any part in the act or aided the father or counselled or procured him to commit the act.

Held: Conviction of second appellant in such circumstances was bad. Conviction and sentence quashed.

C. W. Reece for Crown.

Appellants not present.

The following joint judgment was delivered :—

KINGDON, CT., NIGERIA, BUTLER LLOYWANI) BROOKE, D., NIGERIA.

In this case the second appellant, Nwanglasi^. Sunday, was convicted by Brace, Assistant Judge, of the murder of her newly born male child, the child being one of twins, the other -being. a female. The evidence was that. the child was buried alive by his father in the presence of the mother, the present appellant. There is no evidence that. she took part in the act or aided the father, or counselled or procured him to commit the act or did anything for the purpose of enabling him or aiding him to commit the act. In other words nothing to bring tier within the provision of section 7 of the Criminal Code.

In our opinion the verdict. cannot he supported having regard to the evidence. The appeal of the second appellant is accordingly allowed, the conviction and sentence of the second appellant are quashed and it is directed that in the case of Nwanglasi Sunday a judgment and verdict a acquittal be entered.

She is discharged.