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Rex V. Barnabas Mbu (1942) LJR-WACA

Rex V. Barnabas Mbu (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Official corruption and extortion by public officers contra sections 98 and 99 of Criminal Code—Person employed in public service—section 3 (1) (a) and (b) of Native Authority Ordinance No 43 of 1933.

Facts

An employee of Bamenda Native Administration in the capacity of a veterinary assistant was charged in three counts under section 98 of the Criminal Code for demanding money before issuing cattle permits and in three counts under section 99 for demanding money for treating a sick horse and convicted on four of the counts.

Held

That the charges and particulars as framed disclosed no offence under these sections.

Held Further : That an employee of the Bamenda Native Administration in the capacity of a veterinary assistant does not come under any of the sub-heads of the definitions of ” person employed in the public Service ” in section 1 of the Criminal Code.(11) As Bamenda Native Administration had not been appointed_ under the Native Authority Ordinance any argument that the employee held a civil office the power of appointing to which vested in the Native Administration holding the office of Native Authority failed.

Further : There was no evidence led to show that accused was an employee of Bamenda Native Administration. In view of these fatal defects and other irregularities the convictions were quashed.


The appeal is allowed.

See also  K. W. Mahtani Of Accra & Anor V. (I. P. Daswani Of Accra As Attorney Of Utoomal & Ors (1941) LJR-WACA

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