Ayo Potts-johnson V. Commissioner Of Police (1947)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Nigeria Criminal Code, section 404 (1) (a)—” Corruptly andunder colour of employment “—Applicability of English Law.

Facts

The appellant was in the employ of the public service as a Lady Welfare Officer and demanded and received sums of money from persons in order that she might not cause them to be repatriated from Lagos. She was charged and convicted by a magistrate for offences contrary to section 404 (1) (a) of the Nigeria Criminal Code and her appeal to the Supreme Court was dismissed.

She then appealed to the West African Court of Appeal before whom the one and only question was what interpretation should be given to the words ” corruptly and under cover of his employment ” in the section creating the offence.

Held

That the facts in this case were similar to those in R. v. Buddie Eka (2) where the West African ‘Court of Appeal decided that the appropriate section was section 404 (1) (a), and therefore the appellant was rightly convicted. Held, further, that English law need not be resorted to.

Appeal dismissed.