Rex V. Udo Unwa Ekpo & Ors (1947)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Procedure—Absence from record of formal finding.

Facts

In the course of his judgment at the trial of the three appellants for murder, the trial Judge said ” I do not propose to deal in detail with the case against the first and third accused. I have no doubt they are guilty ” and at the end of his judgment he said ” I have no doubt the second accused is also guilty of this murder “.

Held

(i) The word ” also ” read in its ordinary context could only refer to the other two appellants about whom the Judge had already recorded ” I have no doubt they are guilty “.

(ii) to state in a judgment that an accused person is guilty of murder is tantamount to the recording of a conviction of murder against the accused.

Appeals dismissed.