Rex V. Sanni Ladipo (1938)

LawGlobal Hub Judgment Report – West African Court of Appeal

Slave dealing, contra. sec. 369 (3) of the Criminal Code on three 1938. counts—Convictions founded on evidence of accomplices.

Held: Corroboration lacking, the appeal allowed. There is no need to set out the facts.

E. 0. Moore for appellant.

R. A. Doherty for Crown.

The following joint judgment was delivered:—
KINGDON, C.J., NIGERIA, CAREY AND BAKER, dd.

In this case one of the grounds of appeal is that the learned trial Judge was wrong to convict on the uncorroborated evidence of accomplices, and we think that this ground must be upheld. The only evidence is that of the father who gave his three sons into servitude and of the three sons themselves. There is no suggestion that any of the sons went otherwise than willingly, and they were therefore, in our opinion, accomplices just as the father was. The trial Judge gave himself no warning in regard to the lack of corroboration. In fact the learned Counsel for the Crown informs us that the trial Judge did not regard the sons as accomplices. Following the decision in R. v. Norris (12 Cr. App. Rep. p. 156) we feel compelled to quash the convictions. The convictions and sentences are quashed and it is directed that in each case a judgment and verdict of acquittal be entered.

The accused is discharged.