Rex V. Walter Oko Minimah (1940) LJR-WACA
Rex V. Walter Oko Minimah (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Extortion by a public officer con. sec. 99 C.C.—Failure to specify duty to be performed—Appeal allowed. Held : (1) It is essential in a prosecution under this section that the duty which the accused person has to perform should […]
Rex V. Momodu Laoye & Anor (1940) LJR-WACA
Rex V. Momodu Laoye & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Murder contra section 319 of the Criminal Code Failureto identify body fatal to conviction. Held : (1) Failure to identify the body examined by a medical witness as the one found by other witnesses is fatal to a […]
Rex V. Gidado Of Bororo (1940) LJR-WACA
Rex V. Gidado Of Bororo (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Murder—poisoned arrow alleged cause of death—Not an Exhibit—Assumptions by trial Judge that (a) arrow was poisoned (b) substance employed was strophantus—rnedical evidence, based on text-book and symptoms, described by inexpert witnesses—inadmissibility of evidence of incriminating statements interpreted and not […]
Rex V. Samuel Olukoya Ewetuga & Anor (1940) LJR-WACA
Rex V. Samuel Olukoya Ewetuga & Anor (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Amendment of- information—Alteration of substance—Fraudulent false accounting—Omission by another to make entry—The amendments of the information revised and altered the substance of what was charged and the Court did not merely correct a defect in the information—The […]
Rex V. Amida Gbadamosi & Ors (1940) LJR-WACA
Rex V. Amida Gbadamosi & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Fresh evidence—formal application not filed but application heard on merits. Held : (I) That the neglect to make the application is not a mere formality sad nature of further evidence was not fully disclosed. (2) To grant it […]
Rex V. Augustine Egwuatu (1940) LJR-WACA
Rex V. Augustine Egwuatu (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Official corruption contra section 98 (1) of Criminal Code—Public servant—Discharge of duties of office—Irregularity in Court calling upon witness for prosecution to tender in evidence after close of case for defence a document which was not previously in evidence. The […]
Rex V. Azoribe Apuogu & Ors (1940) LJR-WACA
Rex V. Azoribe Apuogu & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Murder—Accomplice,–Corroboration witness set out with accused to execute a common purpose part of which was the murder of deceased though it was not part of the plan that he should take a share in the actual murder and […]
Rex V. James Anuku (1940) LJR-WACA
Rex V. James Anuku (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Murder—Sufficiency of evidence in support of plea of insanity—The cHiAppealofrom bTrial Judge held that the prisoner was not a mentally normalghperson but the evidence was not sufficiently explicit to establish a Coy urt. defence of insanity. Held : Following R. […]
Rex V. Samuel Akpan & Ors (1940) LJR-WACA
Rex V. Samuel Akpan & Ors (1940) LawGlobal Hub Judgment Report – West African Court of Appeal The fact that an accomplice pleading guilty was not sentenced before giving evidence for the Crown will not cause a conviction to be quashed provided that the Judge warned himself adequately as to the necessity for corroboration and […]
Commissioner Of Police V. Walter Loeb (1940) LJR-WACA
Commissioner Of Police V. Walter Loeb (1940) LawGlobal Hub Judgment Report – West African Court of Appeal Section 313 (1) (B) of the criminal procedure code considered-binding-over does not come under it-Appeal dismissed. The following joint Judgment was delivered :- KINGDON, C.J., NIGERIA, STROTHER-STEWART AND FUAD, J J. In this case the appellant was charged […]