HURLEY, C.J. N.R. (Delivering the Judgment of the Court)
We dismissed this appeal on 7th August, 1961, for the following reasons:--
The appeal was argued on the ground, raised for the first time in this Court and raised by learned Counsel for the appellant as a ground additional to those filed by the appellant with his notice of appeal, that the appellant was prejudiced at his trial in that the court of trial denied him the right to call evidence in support of his defence. The appellant was convicted together with one Manu in the Court of the Shehu of Bornu on a charge of culpable homicide by causing the death of one Haruna contrary to section 220 of the Penal Code of Northern Nigeria. To this charge he pleaded guilty. The conviction was for the offence of culpable homicide punishable with death contrary to section 221 (1) of the Penal Code. Section 221 contains no subsection (1), and in the appeal the conviction has been taken as a conviction under section 221.
After the accused had ple…