CORAM
ADEMOLA, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
DIRECTOR OF PUBLIC PROSECUTIONS
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW—PERJURY—ELEMENTS OF PERJURY
SUMMARY OF FACTS
The appellant in the course of a civil trial was tried summarily for perjury under Section 274 of the Criminal Procedure Act and sentenced to a term of 6 months imprisonment with hard labour.
HELD
Appeal allowed.
ISSUES
Whether the evidence relating to the three assignments of perjury was material to the question or questions in the civil case?
Whether it is clear from his evidence that the appellant had knowingly given false testimony in that regard?
RATIONES DECIDENDI
MEANING OF PERJURY
‘Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding, or intended to be raised in that proceeding, is guilty of an offence, which is called perjury.’ Per ADEMOLA C.J.F.
PERJURY
On the three matters which the learned Judge complained of and upon which he assigned perjury, it cannot be said that if they are untrue, the appellant knowingly said what he did say knowing them to be untrue, nor can it be said that on the whole evidence that any of them is material to the question at issue in the case before the learned Judge. Per ADEMOLA C.J.F.
CASES CITED
Not Available
STATUTES REFERRED TO
The Criminal Procedure Act
The Criminal Code