J.A.O. ODUFUNADE VS ANTOINE ROSSEK
September 5, 2025HUNMUANI AJOKE VS AMUSA YESUFU OBA & ANOR
September 8, 2025Legalpedia Citation: (1962-02) Legalpedia 51394 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Feb 9, 1962
Suit Number: SC 87/1961
CORAM
BAIRAMIAN, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
PARTIES
JOHN EDO
APPELLANTS
NELSON OSAKABO
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW—DEPRIVATION OF LIBERTY—APPEAL
SUMMARY OF FACTS
The appellants/accused where charged under the Criminal Code and were found guilty at the Magistrates’ Court. They appealed and the High Court dismissed their appeal. Still being dissatisfied they have appealed to this Court.
HELD
There is no substance in the appeal, and it is therefore dismissed.
ISSUES
Not Available
RATIONES DECIDENDI
MEANING OF’ CONSENT’
“The consent must, however, be a true consent, that Is to say a consent that is voluntary, free from any menace ‘of such a nature as to unsettle the mind of the person upon whom it operates, and to take away from his acts that element of voluntary action which constitutes consent.” Per BAIRAMIAN, F.J.
EXAMPLES OF MENACING ACTS
“A threat to imprison a man upon a fictitious charge is a menace within the plain meaning of the statute”. Per BAIRAMIAN, F.J.
CASES CITED
Wada and another v. L G. of Police, (1957) N.R.N.LR., part 1, page 1.
R. v. Tomlinson, (1895), 1 Q.B., 706,
R. v. Bernhard, 26 Cr. App. R., 137, at p. 145
R. v. Walton (1863), 9 Cox 268
STATUTES REFERRED TO
The Criminal Procedure Act
The Criminal Code
The Police Act
The Larceny Act, 1916
