Appeal
from conviction by High
Court.
Slave dealing contra. Section
369 of Criminal Code-Age of
child should be proved-No
presumption should be drawn save
irresistibly warranted by
evidence.
Held: Appeal allowed, conviction
quashed, etc.
There is no need to set out the
facts. C.
N. S. Pollard
for Crown. Appellant in person.
The following joint judgment was
delivered:-
KINGDON, C.J., NIGERIA, BU'rLElt
LLOYD
AND OAltEY, JJ.
In this case the appellant was
convicted of slave dealing
contrary to section 369 of the
Criminal Code. Put shortly the
case against him was that having
arranged with the parents of a
girl to marry her and having
paid part dowry he was allowed
to take her to Ikot-Ekpene. He
returned without her and gave at
least two untrue explanations of
her non-return and she was never
been found since. After
recording his disbelief of the
appellant's stories the learned
trial Judge finishes his
judgment with the words " I must
presume also that this girl was
taken or transferred by the
accused to be held or treated as
a slave. There is no direct
evidence to support the case
that the girl was taken or
transferred to be held or
treated as a slave. It is purely
a presumption made by the Court,
and we do not think it is
justified.
A Court can make a presumption
of this nature when it is a
presumption which must
irresistibly be made from the
evidence,
I.e.,
when there is no other
reasonable presumption which
fits all the facts.
That is not the case here. There
are other possibilities which
there is nothing to rebut. The
facts, for instance, are equally
consistent with the appellant
having murdered the girl or
again with the girl having been
accidentally drowned, and the
appellant being afraid to say so
in case he should be charged
with murder. The assumption that
she has been sold as a slave is.
in fact, only one of many which
might be made to account for her
disappearance.
.Fur these reasons we think that
the conviction cannot be
upheld. We must point out also
that no plea is recorded in the
proceedings and that though the
girl is spoken of as a child no
evidence of her age is recorded.
The appeal is allowed, the
conviction and sentence
are quashed and it is directed
that a judgment and verdict of
acquittal be entered. The
appellant is discharged
.
