Joseph Ogunbayode Ogundipe V. The Queen (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Trial for murder—Victim’s body not found—Concerted attack—Criminal Code, sections 8 and 316—Evident affecting eachaccused—Case of murder or nothing—Question of manslaughter—Question of“accomplice vel non ” left to jury—Direction on corroboration.Evidence—Accomplice—Corroboration—Evidence Ordinance, section 177 (1). Facts The…

Ogu Ofor V. Ekwuti Ofor (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Common intention—Section 8 of the Criminal Code—distinguished from common object. Facts The facts are fully set out in the Judgment. The question raised was on the interpretation of section 8 of the Criminal Code, which reads as follows :—=…

Laleye Oeyumi V. Lieutenant-governor, Western Region & Anor (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Native Authority Ordinance (Cap. 140)—Section 30 (2) and (3)—Order thereunder administrative—Not challengeable in Court. Facts The text of the above section 30 (2) and (3) is given in the judgment infra.Briefly, sub-section (2) enables a native…

Odunuwe & Ors V. Uduaga Of Isheagu (1952) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction—Native Court—Claim for trespass—Claim for injunction within jurisdiction—Claim for damages of amount beyond jurisdiction. Facts The respondent as plaintiff in the Native Court sued claiming (1) an injunction to restrain trespass on a stream, and (2) £100…

Udo Ndo V. The Queen (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Confession of murder—Circumstantial corroboration—Killing an escaping burglar. Facts The body of-the deceased was found about a quarter of a mile from the house of the accused; it had a number of severe wounds, and the accused said in…

Peter Obiyomi V. E. A. Joloko (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Criminal Procedure Ordinance, sections 2 and 63: “ summary conviction offence”—Perjury a felony under section 118 ofthe Criminal Code—Private prosecution for perjury—Defendant consenting to summary trial—Whether time limit ofsix months applies. Facts A Magistrate of the first…

Nana Kwatare Nyarko V. Nana Kwaku Akowuah (1954) LawGlobal Hub Judgment Report – West African Court of Appeal Jurisdiction—Lack ofjurisdiction—Nullity ofjudgment. Practice and Procedure—Review of a judgment which was a nullity. Facts S. gave a judgment presiding in the Chief Commissioner’s Court on a day before which his appointment to the Court had lapsed. Later,…

Chief Aaron Nwizuk & Ors V. Chief Warribo Eneyok & Ors (1953) LawGlobal Hub Judgment Report – West African Court of Appeal Practice and Procedure—Inspection by court—Admissions made by parties at inspection Facts After the evidence the Judge went to inspect the land in dispute—some islands in this case—in the presence of two plaintiffs as…

R. Nweke V. The Queen (1955) LawGlobal Hub Judgment Report – West African Court of Appeal Official corruption—Section 116 of the Criminal Code—accomplice—a victim. Facts This was a trial before the Supreme Court. The trial Judge convicted the appellant, who was a Sergeant of the Nigerian Police Force, on two counts under section 116 of…

Uzonwanne Nwakuche V. Peter N. Azubuike & Anor (1955) Statement of Claim defective—Variance with evidence—non-suit instead of dismissal of claim. Facts This action was dismissed by the Court below. On appeal it was argued that the trial Judge had misdirected himself by taking the view that the plaintiffs evidence was “in complete contrast to the…