Rex V. Ologen (1935)

LawGlobal Hub Judgment Report – West African Court of Appeal

Conviction, for Perjury following swearing of an Information—Appeal Court not to retry cases—evidence of reasonable inference by trial Judge of offence will not be disturbed.

The facts of this case are sufficiently set out in the ju dgment.

0. Alakija (with him C. H. Obafenii) for Appel lant. A. R. W . Sayle for Crown.

The following judgment was delivered :—

BUTLER-LLOYD, ACTING C.J., NIGERIA.

This is an appeal from a conviction by the Assistant Judge of the Warri-Benin Division of the Protectorate Court.

The case was tried summarily and the appellant was convicted of perjury contrary to section 118 of the Criminal Code and sentenced to two years imprisonment with hard labour.

It was proved that appellant swore an information that one Iyashere had wounded him with a matchet in the course of a disturbance which took place at Jesse on 21st January, 1935. It was further proved that the alleged assailant Iyashere was at Warri at the time when the alleged wounding took place.

The only point raised by the appeal in which there is any substance is whether it was sufficiently proved that in swearing a false information the appellant did so knowingly and not by reason of an honest mistake.

The learned Judge found as a fact that appellant must have known that the charge he made was a false one, and accordingly convicted him.

It is not the function of a Court of Appeal to retry a case on the notes of evidence and to set aside the verdict if it does not correspond with the conclusion at which the members of the Court would have arrived on these notes, nor is it enough that they feel some doubt as to the correctness of the verdict. If there was evidence before the Judge from which he could reasonably have inferred that the appellant made the false statement knowing at the time that it was false the verdict must stand.

We think that there was sufficient evidence to support the finding and the appeal must accordingly be dismissed.