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DURU VS INSPECTOR-GENERAL OF POLICE

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DURU VS INSPECTOR-GENERAL OF POLICE

Legalpedia Citation: (1965-10) Legalpedia 29336 (SC)

In the Supreme Court of Nigeria

Holden At Abuja

Fri Oct 8, 1965

Suit Number: SC 395/1965

CORAM


BAIRAMIAN CHIEF JUSTICE, SUPREME COURT

ONYEAMA JUSTICE, SUPREME COURT

AJEGBO JUSTICE, SUPREME COURT


PARTIES


DURU

APPELLANTS 


INSPECTOR-GENERAL OF POLICE

RESPONDENTS 


AREA(S) OF LAW


 ACCOMPLICE IN PROSTITUTION 

 


SUMMARY OF FACTS

The appellant was prosecuted for an offence under section 225A (1)(a) of the Criminal Code, which provides that” Every male person who (a) knowingly lives wholly or in part on the earnings of prostitution … shall be liable to imprisonment for two years.” etc. Convicted by the magistrate, lost his appeal to the High Court, hence this appeal.

 


HELD


Appeal allowed. 

 


ISSUES


That he lived in part on the earnings of any prostitute. 

 


RATIONES DECIDENDI


DESCRIPTION OF PROSTITUTION


“Prostitutes, no less than others, require food, clothing, and shelter, and must need pay for them with the earnings of prostitution. If the grocer were to be guilty of living in part on such earnings by selling food to them, he must refuse to sell and they must either beg for food or starve.” Per BAIRAMIAN, J.S.C

 


CASES CITED


R. v. Louis Okoro

R. v. Silver

R. v. Thomas [ 1957] 2 All. E.R

Shaw v. D.P.P., 45 Cr. App. R.I

 


STATUTES REFERRED TO


Criminal Code  

 


OTHER CITATIONS

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