GABRIEL KECHI V. THE QUEEN

BAIRAMIAN, J.S.C. (delivering the judgement of the Court):-

This appeal was heard on the 31st October. The appellant was convicted on 9th July, 1963 at Abakaliki in the High Court of Eastern Nigeria before Phil:- Ebosie, J., on the charge of murdering one Achong Ndim at Boki in Ogoja Province on 31st August, 1962.

That day some persons went out hunting in the bush; among them were the appellant, his father, and Achong Ndim (the deceased in the present case). Achong shot the appellant's father; he said so to the appellant when they met at the hunting hut. The appellant asked Achong more than once to take him to where his father was, but Achong refused, suggesting that they should first go to tell their townspeople. Achong set off, and the appellant shot him. (He was admitted in the Ikom hospital on the 3rd, and died on the 17th September, 1962 of sepsis and gangrene due to gunshot).

The above statement of fact is taken from the judgement under appeal. It goes on to consider the defence…