Rex V. Ananti Ejikeme (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Death from abortion—Acquittal of defendant charged with effecting abortion—Conviction of co-defendant charged with inciting abortion—Case stated on attempted manslaughter.

Facts

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 :—

Held

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.
@acre whether an attempt to commit manslaughter is a possible offence.

Question answered. Conviction disallowed.