Rex V. Thom Dogo & Ors (1949)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Murder—Provocation—Nigeria Criminal Code, sections 316
(3) and 317.

Facts

The deceased was tied to a post and thereafter subjected to ill-treatment, including blows with fists and sticks delivered by all four appellants, and to kicks from the fourth appellant, who finally also jumped upon the deceased as he lay on the ground. The trial Judge found that the death was the result of this ill-treatment and convicted all four appellants of murder.

Held

On appeal, that the possibility of the offence being manslaughter should have been considered. Further that the acts of the appellants were not of a nature likely to endanger life nor did it appear there was an intent to kill or do grievous harm, and, therefore, these acts could not be brought within the ambit of section 316 of the Nigeria Criminal Code.

Appeals allowed and convictions for manslaughter substituted.