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REX
V.
SANNI LADIPO
WEST AFRICAN COURT OF APPEAL HOLDEN AT LAGOS, NIGERIA
12TH DAY OF AUGUST, 1938
2PLR/1938/50 (WACA)
OTHER CITATION(S)
2PLR/1938/50 (WACA)
(1938) IV WACA P. 119
LEX (1938) – IV WACA P. 119
BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
CAREY, J.
BAKER, J.
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BETWEEN:
REX — Respondent
AND
SANNI LADIPO — Appellant
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ORIGINATING COURT(S)
APPEAL FROM CONVICTION BY HIGH COURT
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REPRESENTATION:
E. O. Moore — for appellant
R. A. Doherty — for Crown
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE:- Slave dealing, contrary s. 369(3) of the Criminal Code on three counts —Convictions founded on evidence of accomplices
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DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held:
1. The only evidence is that of the father who gave his three sons into servitude and of the three sons themselves, who went otherwise than willingly, making them accomplices just as the father was.
2. The trial Judge gave himself no warning in regard to the lack of corroboration.
Corroboration lacking, and appeal allowed.
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MAIN JUDGMENT
The following joint judgment was delivered:
KINGDON, C.J., NIGERIA, CAREY AND BAKER, JJ.
In this case one of the grounds of appeal is that the learned trial Judge was wrong to convict on the uncorroborated evidence of accomplices, and we think that this ground must be upheld.
The only evidence is that of the father who gave his three sons into servitude and of the three sons themselves. There is no suggestion that any of the sons went otherwise than willingly, and they were therefore, in our opinion, accomplices just as the father was.
The trial Judge gave himself no warning in regard to the lack of corroboration. In fact the learned Counsel for the Crown informed us that the trial Judge did not regard the sons as accomplices.
Following the decision in R. v. Norris (12 Cr. App. Rep. p. 156) we feel compelled to quash the convictions. The convictions and sentences are quashed and it is directed that in each case a judgment and verdict of acquittal be entered. The accused is discharged.