–
REX
V.
OLOGEN
WEST AFRICAN COURT OF APPEAL HOLDEN AT LAGOS, NIGERIA
31ST DAY OF MAY, 1935
2PLR/1934/36 (WACA)
OTHER CITATION(S)
2PLR/1934/36 (WACA)
(1935) II WACA P. 333
LEX (1935) – II WACA P. 333
–
BEFORE THEIR LORDSHIPS:
BUTLER-LLOYD, ACTING C.J., NIGERIA
AITKEN, J.
BARTON, J.
–
BETWEEN:
REX — Respondent
AND
OLOGEN — Appellant
–
REPRESENTATION
O. Alakija with C, H. Obafemi — for Appellant
A. R. W. Sayle — for Crown
–
ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE:- Conviction for Perjury following swearing of an Information — Nature of evidence required to convict — Where there is 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 — Proper verdict for the court to give
–
PRACTICE AND PROCEDURE ISSUE(S)
APPEAL:- Trite law that 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 appellate Court would have arrived on these notes, nor is it enough that they feel some doubt as to the correctness of the verdict — Application of
–
DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held:-
1. The 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.
2. There was evidence before the trial Judge from which he could reasonably infer that the appellant made the false statement knowing at the time that it was false.
Conviction will not be disturbed.
–
–
MAIN JUDGMENT
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.
–