Edo Uke & Anor V. Josiah Sunday Ogie (1955)

LawGlobal Hub Judgment Report – West African Court of Appeal

Conduct likely to cause a breach of the peace—Section 249 (d) of the Criminal Code.

This was a private prosecution of the respondents for conduct likely to cause a breach of the peace contrary to section 249 (d) of the Criminal Code.

They were convicted in the Magistrate’s Court, but on appeal the Supreme Court allowed the appeal on the ground that the convictions could not be supported having regard to the weight of evidence.

The private prosecutors then appealed to this Court.

Held

The Court upheld the Judgment of the Supreme Court on the facts proved at the trial.

Note : The test as to whether the offence is committed is not the actual result, but whether the conduct complained of was likely to cause a breach of the peace.

Appeal dismissed.