Rex V. Yusitfu Kano (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Case stated—Section 325 of Criminal Code—Accused convicted mainly upon depositions of witnesses whose attendance could not be procured; made evidence under section 27 of the Coroner’s Ordinance (Cap. 15).

The Court below asked the opinion of the Court of Appeal if it had come to a correct decision, in point of law, in deciding that it could convict on such evidence.

Held : That the Court was correct in its view of the law and could convict.

C. W. Reece for Crown.

Yusufu Kano not represented and not present. The following joint opinion was given :—

KINGDON, C.J., NIGERIA, BUTLER LLOYD AND FRANCIS, JJ., NIGERIA.

As we understand the case submitted to us we are asked our opinion on one point only, namely, did the Court come to a correct decision in point of law in deciding that it could convict the accused mainly on the depositions of witnesses whose attendance could not be procured, made evidence under section 27 of Chapter 15 and not objected to at the time.

We answer this question in the affirmative.

We are not asked and our opinion does not cover the question whether or not the facts found proved showed such a high degree of negligence on the part of the accused as to justify the verdict of guilty of manslaughter.