33 Comments in moderation

West African Court of Appeal & Privy Council

REX

V.

ADENIJI AND OTHERS

WEST AFRICAN COURT OF APPEAL HOLDEN AT LAGOS, NIGERIA

27TH DAY OF MAY, 1937

2PLR/1937/38 (WACA)

OTHER CITATION(S)

2PLR/1937/38 (WACA)

(1937) III WACA P. 185

LEX (1937) – III WACA P. 185

BEFORE THEIR LORDSHIPS:

DONALD KINGDON, C.J., NIGERIA

PETRIDES, C.J., GOLD COAST

BUTLER LLOYD, J.

BETWEEN:

REX — Respondent

AND

1.     ADENIJI,

2.     MARIOMAMO OSANYINTOLA,

3.     ABIONA,

4.     JOSEPH JENTRI,

5.     COMFORT EGBERONGBE — Appellants

ORIGINATING COURT

Appeal from Conviction by High Court

REPRESENTATION

Appellant in person

The Acting Solicitor-General for Crown

ISSUE(S) FROM THE CAUSE(S) OF ACTION

CRIMINAL LAW AND PROCEDURE:- Preparation for coining current silver coin contra section 148(8)(c) of the Criminal Code — Admissibility of evidence of previous by uttering by appellant

DECISION OF THE WEST AFRICAN COURT OF APPEAL

Held:-

The trial Judge was right in admitting evidence of previous uttering of counterfeit coins by appellant on a charge of being in possession of moulds in order to prove guilty knowledge.

Reg. v. Weeks (L. & C. 18, 30 L.J. W.C. 141, 8 Cox, C.C. 455) held conclusive on the point.

MAIN JUDGMENT

The following joint judgment was delivered: per KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST, AND BUTLER LLOYD, J.

The only point in this appeal was whether the learned trial Judge was right in admitting evidence of previous uttering of counterfeit coins by appellant on a charge of being in possession of moulds in order to prove guilty knowledge. The case of Reg. v. Weeks (L. & C. 18, 30 L.J. W.C. 141, 8 Cox, C.C. 455) is conclusive on the point that he was right so to do.

Apart from this there is no substance in this appeal and it is dismissed.