Rex V. Thomas Udu (1939)

LawGlobal Hub Judgment Report – West African Court of Appeal

causing police to waste time—Acts tending to the prejudice of the community.

Facts

The accused male a false report to the police containing allegations against named persons. The trial Judge held that the facts of the case would constitute the misdemeanour of causing public mischief at common law in England but he held that offences under the common law did not apply in Nigeria unless provided for in the manner set out in section 4 of the Criminal Procedure Ordinance. He therefore held, subject to the opinion of the Appellate Court, that no offence in law had been disclosed. It is clear that the learned Judge did not consider that the act of the accused fell within the meaning of section 234 (f) of the Criminal Code.

Held

That the opinion of the trial Judge was wrong and that the act of the accused constituted an offence against section 234 (f) of the Criminal Code.

Our answer is therefore that the opinion of the learned trial Judge was wrong.