(Giving the reasons for the judgment of the Court)
We now give our reasons for dismissing this appeal on the 26th September, 1964.The appellants were on the 27th day of May, 1964, at the High Court, Jos, sitting at Gboko, convicted by Bate J. of culpable homicide punishable with death for causing the death of Dzaria Ehor at Mbagen Village on the 16th February, 1964.
Briefly, the case for the prosecution was as follows:- The deceased was attacked and killed in his farm on the 16th of February, 1964, by members of an armed mob which had moved from house to house doing violence to members of a political party - the N.P.C. - who were resident at Mbagen Village. There was evidence that the deceased was a member of the N.P.C. and that members of the crowd had uttered threats against members of the N.P.C. as the crowd moved from place to place in the village. The only witness for the prosecution who claimed to be an eye witness to the actual killing of the deceased, was Mbeger Mb…