Rex V. William Opara (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Person employed in public duties by a Native Authority—” Person employed in the public service “, sections 1, 98 ( I) and 100 of the Criminal Code—” Person “, ibidem, and section 3 of the Interpretation Ordinance.

Facts

Accused was appointed and employed a• a Sanitary Inspector by a Native Authority. He was charged with offences against sections 98 (1) and 100 of the Criminal Code as a person employed in the public service. Upon a Case Stated,

Held

that he was not a person employed in the public service within the instilling of that expression as used in those sections, and

Held, that the subject and context of sections 98 (1) and 100 of the Criminal Code are repugnant, within the meaning of the definition of ” definitions ” in section 3 of the Interpretation Ordinance, to the definition in the same section of ” person ” as including ” any company or association or body of persons corporate or unincorporate “. ” Person ” in those and similar sections of the Criminal Code means an individual.

We answer the question submitted to us in the negative.