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REX
AND
OBASSI ENYI UBI AND OBONWA
WEST AFRICAN COURT OF APPEAL HOLDEN AT LAGOS, NIGERIA
23RD DAY OF AUGUST, 1937
2PLR/1937/49 (WACA)
OTHER CITATION(S)
2PLR/1937/49 (WACA)
(1937) III WACA P. 194
LEX (1937) – III WACA P. 194
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BEFORE THEIR LORDSHIP:
BUTLER LLOYD, Ag. C.J., NIGERIA
BAKER, J.
BROOKE, J.
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BETWEEN:
REX — Respondent
AND
OBASSI ENYI UBI & OBONWA — Appellants
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE – SLAVE DEALING:- Conviction for slave dealing contrary to section 369(2) of the Criminal Code – Sex of child subject of charge wrongly stated in information
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ORIGINATING COURT(S)
Appeal from Conviction by High Court.
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REPRESENTATION:
Ivor Brace for Crown
Appellants in person
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DECISION(S) OF THE WEST AFRICAN COURT OF APPEAL
Held (Sentence quashed on one count):–
1. That failure to state correctly the sex of child alleged to be subject of slavery was fatal, and conviction on that count quashed.
2. Appeal as to the second count dismissed.
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MAIN JUDGMENT
The following joint judgment was delivered: per BUTLER LLOYD, Ag. C.J., NIGERIA, BAKER AND BROOKE, JJ.
There is nothing in this appeal except for the point raised by the Court that the sex of the child Obassi is wrongly stated in the second count of the information. In our opinion this is fatal, the convictions and sentences on this count must be quashed.
The appeal as to the first count is dismissed.
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