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REX
V.
KWAKU AMOYAW
THE WEST AFRICAN COURT OF APPEAL HOLDEN AT ACCRA, NIGERIA
15TH DAY OF JUNE, 1943
2PLR/1943/34 (WACA)
OTHER CITATION(S)
2PLR/1943/34 (WACA)
(1943) IX WACA PP. 152 – 153
BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
PETRIDES, C.J., GOLD COAST
GRAHAM PAUL, C.J., SIERRA LEONE
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BETWEEN:
REX – Respondent
AND
KWAKU AMOYAW – Appellant
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REPRESENTATION
E. A. Bannerman — for Appellant
J. Mango Plange — for Respondent
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
NA
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PRACTICE AND PROCEDURE ISSUE(S)
EVIDENCE:- Best evidence — Oral evidence of written confession — No objection to reception — Confession not denied in evidence by accused
APPEAL:- Appeal Court’s discretion to entertain as ground of appeal an objection to evidence not taken at trial — Relevant Considerations — Where no injustice occasioned to appellant — Duty of court thereto
INTERPRETATION OF STATUTE:- West African Court of Appeal Ordinance (No. 11 of 1935) section 10 (1). Proviso — Proper construction
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CASE SUMMARY
The trial Court admitted oral evidence of a confession which had been made by the appellant, recorded in writing, and marked by his thumb impression, without the production of the written confession or evidence that its production was impossible. The appellant was represented by Counsel at the trial, but no objection was taken to the admission of the oral evidence, and the appellant in his evidence did not dispute its accuracy.
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DECISION(S) OF THE WEST AFRICAN COURT OF APPEAL
Held:-
the written confession was the best evidence and the oral evidence of the confession was inadmissible; but no injustice having been done to the appellant by its wrongful admission, the appeal was dismissed.
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MAIN JUDGMENT
The following joint judgment was delivered: per KINGDON, C.J., NIGERIA, PETRIDES C.J., GOLD COAST AND GRAHAM PAUL C.J., SIERRA LEONE
GRAHAM PAUL, C.J., SIERRA LEONE (DELIVERING THE JUDGMENT OF THE COURT)
In this appeal the only point requiring consideration is that the Court below admitted oral evidence of a confession made by the appellant when it appeared from the evidence that there had been a written record of the confession made at the time, read over to the appellant, and marked with his thumb impression. The written record was not produced nor was there satisfactory evidence that its production was impossible. In these circumstances, the written record being the best evidence oral evidence of the confession was clearly inadmissible.
No objection was taken to the admission of this oral evidence at the time it was given although the appellant was represented by Counsel at the trial. In spite of that, if we were of opinion that by the wrongful admission of the evidence any injustice had been done to the appellant we should have exercised our discretion to entertain the objection raised on appeal. In this case, however, it is clear that the appellant suffered no injustice as he himself gave evidence at the trial and in that evidence he did not dispute the accuracy of the evidence given as to the confession.
For that reason we do not in this case exercise in the appellant’s favour the discretion which this Court has to entertain, as a ground of appeal an objection to the admissibility of evidence which was not taken at the time the evidence was given.
The appeal is dismissed.