THE QUEEN VS ELEMI EJA ESEGE & ORS
September 5, 2025S.W. UBANI-UKOMA VS G.E. NICOL
September 5, 2025Legalpedia Citation: (1962-02) Legalpedia 10784 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Feb 26, 1962
Suit Number: SC 436/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
THE QUEEN
APPELLANTS
L.V. EZECHI
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW—ACCOMPLICE—APPEAL
SUMMARY OF FACTS
The accused/appellant was charged with the offence of obtaining the sum of £30 as bribe contrary to the provisions of section 38(A) (2) of the Eastern Region Local Government Law, 1955 from the complainant who gave same to get a stall in the market.
HELD
The appeal is allowed and the conviction and sentence are accordingly set aside.
ISSUES
Not Available
RATIONES DECIDENDI
FAILURE OF COURT TO FOLLOW PROCEDURE
“We consider that where a Judge fails to warn the jury or the Court fails to direct itself in such a case, the conviction must be quashed unless the circumstances are such that we can uphold the conviction under the proviso to section 26(1) of the Federal. Supreme Court Act, on the ground that there has been no substantial miscarriage of justice.” Per UNSWORTH F.J.
CASES CITED
1. Rex v. Okereke Anyaleme & Others. (9 W.A.C.A. 23)
2. Naparo Braima AlHassan v. Commissioner of Police (10 W.A.C.A. 238)
3. Okeke v. Commissioner of Police (12 W.A.C.A. 363).
4. Nweke v. The Queen (15 W.A.C.A. 29)
5. Michael John Davies (38 C.A.R. 11)
STATUTES REFERRED TO
1. The Evidence Act
2. The Federal. Supreme Court Act
