Rex V. Okereke Anyaleme & Ors (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Official corruption, contrary to section 98 (1) of Criminal Code—” Duty touching the administration of justice.”—Power of Court to convict of offence contra. section 116 (1) considered. Held : The duty of prosecuting for an offence of…

Rex V. Kwaku Amoyaw (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Evidence—Best evidence—Oral evidence of written confession—NoDivisionalobjection to reception—Confession not denied in evidence byCourt.Appeal—Appeal Court’s discretion to entertain as ground of appeal an objection to evidence not taken at trial—No injustice to appellant—West African Court of Appeal Ordinance (No. 11 of…

Rex V. Joshua Charles Bull (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Manslaughter—Negligence—Motor Vehicle. Facts Accused was driving a motor-vehicle along a straight dry road, sixteen feet wide, bordered on the left by it grass verge four or five feet wide, then a drain about three feet wide, and then…

Rex V. Jonathan Duru (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law Summary trial—Alteration of charge during course of trial—Section 84 of Criminal Procedure Ordinance. Facts The appellant was tried summarily for an offence contrary to section 473 (1) of the Criminal Code. After four witnesses for the pro.ecution had…

Rex V. Joseph Williams & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Procedure—Joinder of charges—Consolidation of easesT•ial in High Court. after Preliminary Investigation—Two accused committed together—One committed separately an further charges—All charges joined at. trial—Criminal Procedure Ordinance (Cap. 20) (Nigeria) Parts II and III and section 32—Protectorate Courts Ordinance…

Rex V. Isa Braimah & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Receiving contrary section 427 of the Criminal Code (Nigeria)—guilty knowledge—Recent possession. Facts On 3rd May first accused was released from Kaduna Prison, where he has spent seven months, and went to second accused’s house to stay. &woad…

Rex V. Obenu Jhunu & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Burglary and Stealing—inadequacy of sentences. Appellants were members of an unarmed gang of eight men who burgled a house by force. They were sentenced to 3 years’ I.H.L. each. Held: Sentence inadequate. Sentences increased to 5 years’…

Rex V. Ezekiel Kalio & Anor (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Demanding property with menaces—Threat of detriment—section 406 of the Criminal Code. Appellants demanded money from the complainant, with the threat that if the demand were not complied with the 1st appellant would commit suicide by hanging himself…

Rex V. Effiong Edet Itah (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Fraudulent false accounting—Evidence of intent to defraud–Seetion 438 of the Criminal Code. Facts The appellant was employed, by the Compagnie Francaise de L’Afrique Occidentale as a sales clerk. He was authorized to give ” dashes ” of goods…

Rex V. Bang Weyeku (1943) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Evidence—Admissibility—Murder—Statement of toPaPefl .frcel .deceased in absence oy accused—Dying declaration—Res by victm gesta.High Court.Criminal Law—Verdict—Verdict based primarily on inadmissible eroidence:—Without such evidence same verdict not inevitable. Facts On a charge of murder the principal evidence against the accused was…