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REX
V.
MATTHIAS ENEMA
WEST AFRICAN COURT OF APPEAL, HOLDEN AT LAGOS, NIGERIA
2ND DAY OF JULY, 1941
2PLR/1941/3 (WACA)
OTHER CITATION(S)
2PLR/1941/3 (WACA)
(1941) VII WACA 134
LEX (1941) – WACA P. 134
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BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
GRAHAM PAUL, C.J., SIERRA LEONE
BUTLER LLOYD, J.
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BETWEEN:
REX – Respondent
AND
MATTHIAS ENEMA – Appellant
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REPRESENTATION
Unsworth for Crown
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE – PROOF OF CRIME:- Appellant charged with Stealing, contrary to section 390(5) of the Criminal Code — Material witness slated as a witness — Failure to call same — Legal effect
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DECISION OF THE WEST AFRICAN COURT OF APPEAL
Conviction quashed.
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MAIN JUDGMENT
The following joint judgment was delivered:-
KINGDON, C.J., NIGERIA, GRAHAM PAUL, C.J., SIERRA LEONE AND BUTLER LLOYD, J.
In this case, the appellant was convicted upon two counts for stealing by a person in the public service contra, section 390(5) Criminal Code. Upon the first count, a most material witness was Mr. Milne, the Assistant District Officer, in charge of the Prison where the appellant was a warder. The appellant, in the Magistrate’s Court, gave Mr. Milne’s name as a witness whom he wished to be called. Mr. Milne was not called, and the learned Acting Solicitor-General has intimated that in view of this failure to call a material witness he will not seek to uphold the conviction on this count.
The conviction and sentence upon count one are accordingly quashed and it is directed that in respect of count one a judgment and verdict of acquittal be entered.
There is no substance in the appeal against the conviction upon count two and the appeal against the conviction on that count is dismissed.
The appeal against sentence is dismissed.
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