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Rex V. Amissah (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Receiving stolen property—Constructive possession. Before a person can be convicted of dishonestly receiving goods, there must be physical or constructive possession. ” Constructive possession ” means that the goods must be in the possession of a person whose relationship with the…
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Rex V. Rufai Alli & Anor (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Murder—Evidence—Evidence Ordinance, section 177—Necessity for close scrutiny of evidence of an accused- implicating a co-accused. The only evidence against the first appellant was that of the second appellant and while this could not be ignored, it should,…
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Rex V. Akiyemi Akiwumi (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Criminal Libel—Gold Coast Criminal Code, sections 246 (1),247, and 248—Necessity for proof of negligence—Gold Coast Criminal Code,section 250—Privilege—Gold Coast Criminal • Code, sections 251, 252 (10)and 253. In a prosecution for criminal libel under the Gold Coast Criminal Code,…
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Rex V. Francis Buae Akatia & Ors (1946) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Evidence of accused implicating co-accused—Gold CoastCriminal Code, sections 15 (2) and 48 (1). A prisoner who goes into the witness box to give evidence may exculpate or inculpate a co-prisoner, and is in the same position…
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Rex V. Johnson Jaiyesinmi Aiyeola (1948) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Offence under section 103 of Nigeria CriminalCode—Trial on information after committal—No consent of law officer toinstitsason of proceedings—Meaning of ” institution of proceedings “—Information varied by Crown Counsel—Nullity of proceedings. Where an accused person is tried…
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Rex V. Osita Chukwigbo Agwuna & Ors (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Sedition—Setting aside subpoenas—Admissibility of evidenceof former seditious utterances—Nigeria Evidence Ordinance—Nigeria CriminalCode, section 8—What previous convictions should be taken into account when assessing sentence. Facts A person served with a subpoena has the right to apply to…
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Rex V. Ogba Agu (1949) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—Possession of materials for forging West African Currency Notes and of unfinished notes—Knowledge of accused that he had possession of such articles an essential ingredient of such offences. It is an essential ingredient of an offence contrary to section…
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Rex V. Nji Achie & Ors (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Summary trial under Nigeria CriminalProcedure Ordinance, section 364—Applicability of Criminal ProcedureOrdinance, section 339—Joinder of charges—Criminal Procedure Ordinance,sections 156 to 161—Interpretatian thereof—Criminal Procedure Ordinance,section 338, Part X VIII and section 365–Applicability of section. 365-Duplicity—Nullity of proceedings.…
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Rex V. Zik’s Press Limited (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law and Procedure—Corporation—Conviction for seditious offence—Nigeria Criminal Code, section 51 (1) (c)—Criminal Procedure Ordinance,sections 340 (2) (b) and 363—English Criminal Justice Act, 1925, section 33—Criminal Procedure Ordinance, sections 77 and 72—Information signed byCrown Counsel—Criminal Procedure Ordinance, section 275—Constructionof…
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Rex V. Zik’s Press Limited & Ors (1947) LawGlobal Hub Judgment Report – West African Court of Appeal Criminal Law—publishing a Seditious Publication—Nigeria Criminal Code,sections 51 (1) (c) and 52 (2)—Written consent of Attorney-General–CriminalProcedure—Nigeria Criminal Procedure Ordinance, section 72—Procedure on appeal by limited company. The following Joint Judgment was delivered: These are appeals by the…