Rex V. Johnson Oguma (1938)

LawGlobal Hub Judgment Report – West African Court of Appeal

Demanding property as a public officer contra. sec. 404 (1 ) of the Criminal Code.Receiving property to show favour, contra. sec. 100 of the Criminal Code.

Held : Transaction must be with a person employed in public service and appeal allowed in respect of one count, but in respect of other counts appeal dismissed.

There is no need to set out the facts.

Appellant in person.

C. N. S. Pollard for Crown.

The following joint judgment was delivered

KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST AND WEBB, C.J., SIERRA LEONE.

There is no substance in the appellant’s grounds of appeal, but counsel for the Crown has pointed out that the particulars given and facts proved under the third count do not disclose any offence under section 100 of the Criminal Code. It is essential under that section that there should be a transaction pending likely to take place with a person employed in the public service. In this case in place of a person employed in the public service there was a private prosecutor.

We agree with this view and accordingly the appeal is allowed in respect of the third count, the conviction and sentence passed on that count are quashed and it is directed that in respect of that count a judgment and verdict of acquittal be entered.

The appeal in respect of the conviction and sentence on the second count is dismissed, and the appellant will serve the term of twelve months I.H.L. passed upon him in respect of that count.