Issa Fulani V. The King (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Appeal against conviction for rape—Misdirection—Identification parade
improperly conducted—Complaint by complainant not admitted in evidence—
Power of Judge to reject admissible evidence.

Facts

This was an appeal against a conviction for rape. Counsel for appellant argued Ynat 4enere was Misdirection concerning an Informal identification parade. At the identification parade the complainant was asked: ” Is that the man ? ” and Counsel argued that this was objectionable. The complainant had, however, indicated that she identified the appellant before she was asked this question.

Immediately after the event the complainant made a complaint, which, although admissible in evidence in law, the trial Judge rejected on the grounds that, in fairness to the appellant, he did not consider it wise to receive evidence of the report that the woman made. The circumstances in which a Judge can reject admissible evidence were considered.

Held

There had been no misdirection, and that the case of Rex v. Chapman (1) on which Counsel for the appellant relied, was distinguishable.

A Judge should assume that where the law on the question of evidence is clear, it is also fair, and if a long line of authorities have held that certain evidence is properly admissible a Judge ought to admit it.

Appeal dismissed.