Rex V. Okon Ekpenyong Phillip & Anor (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Law—Conspiracy to commit felony contra section 516bY HighCriminal Code—Count bad for uncertainty.

Held: The particulars omitted the nature of the felony and the count was held bad for uncertainty.

Mckinstry for Crown.

Okon for Appellant.

The following joint judgment was delivered :—

KINGDON, C.J., NIGERIA, BUTLER LLOYD AND BAKER, JJ.

We can find no substance in any of the grounds of Appeal filed and argued on behalf of the two appellants in this case. We are, however, of opinion that the convictions on count 14 cannot stand.

That count reads : —

” Conspiracy to commit felony contrary to section 516 ” of the Criminal Code.”

and the particulars given are :—

” Okon Ekpenyong Phillip and Henry Iguma Oshodi ” between the months of March, 1940, and November, 1940, ” at Calabar and Oron in the Calabar Magisterial area ” conspired to commit felony.”

We laold that this is bad for uncertainty. The accused should be given notice of the nature of the felony which it is alleged they have conspired to commit.

The appeal of each of the appellants against his conviction upon count 14 is accordingly allowed, the convictions and sentences upon that count are quashed and it is directed that in respect of that count a judgment and verdict of acquittal be entered in favour of each of the Appellants.

The convictions of each appellant upon the other counts are upheld.