Conspiracy to bring false
accusation contra sec.
125
of the Criminal Code and
unlawful possession of
counterfeit coins contra sec.
150A of the Criminal
Code-Constructive possession.
Held: On the facts the
appellants were properly
convicted and appeals
dismissed ..
The facts are sufficiently set
out in the judgment. M. H.
Holden for Appellants.
F. H. Collier
for Crown.
The following joint judgment
was delivered :-
KINGDON, C.J., NIGERIA, BUTLER
LLOYD ANI) CAREY, JJ.
In this case the two accused
were charged in the High Court
of the Aba Judicial Division
for the following three
offences :Statement of
Offence-1st Count.
Conspiracy to bring false
accusation contra section 125
C.C
Particulars of Offence.
Accused at about 4.30 p.m. on
the 27th day of October, 1938,
at Aba in the Province of
Owerri did conspire with one
another to charge, or cause to
be charged one James Robert
Mensah (m) with the offence of
unlawful possession of
101/pieces counterfeit coins
without lawful authority or
excuse, knowing that the said
James Robert Mensah is
innocent of the alleged charge
'or not believing him to be
guilty of the alleged offence.
Statement of Offence-2nd
Count.
Unlawful possession of
counterfeit coins contra
section 150A C.C.
Particulars of Offence.
Accused at the same time and
place unlawfully possessed 10
1/- pieces counterfeit coins
without lawful authority or
excuse.
Statement of Offence-3rd
Count.
Possession of several
counterfeit coins contra
section 152 (3) CC.
Accused at the same time and
place had in their possession
10 1/- pieces counterfeit
coins, knowing them to be
counterfeit, and with intent
to utter them or any of thorn.
They were both convicted on
counts 1 and 2 and sentenced
to 3 years and 6 months I.H.L.
on each count the sentences to
run concurrently.
They were acquitted on Count
3.
There is no appeal before us
on the facts and the only
question we have to decide is
whether the facts as found by
the learned Trial Judge
establish the offences of
which the appellants have been
convicted.
The facts are somewhat
unusual. They are set out in
the judgment of the Court
below in a series of findings
as follows :-
.. In this case I am satisfied
that shortly before the
incident resulting in these
charges the second Accused on
the complaint of the
complainant Mensah was charged
before the Magistrate with
assaulting his wife and fined
7s. 6d. and that since that
time there has been.
ill-feeling between second
Accused and Mensah .
I
am satisfied that the first
Accused is a great friend of
second Acc used •. I am
satisfied that on the 27th
October, 1938, the first and
second Accused were near the
precincts of Aba Railway
Station on the arrival of the
afternoon train from Port
Harcourt, on which train
Mensah, Nwogwu and Police
Constable Christian travelled
.
•. I am satisfied that the
first Accused was walking in
front of Mensah just after he
crossed the level crossing
with second Accused behind
Mensah .I am satisfied that
Mensah, shortly after crossing
the level crossing, saw a
paper package, which he picked
up and realising it was money
put it in his pocket for
examination later and with the
intention of keeping it. I am
satisfied that first Accused
did not go to Port Harcourt on
this day, as he alleges, and
that he did not see Mensah
attempting to pass counterfeit
coin to a bread seller at Port
Harcourt Railway Station .
•. I am satisfied that second
Accused told Police Constable
Christian that Mensah was in
possession of 10 /-
counterfeit coin and, as he
was able to say the amount of
counterfeit coin in possession
of Mensah, that he must have
had prior knowledge of the
contents of the package .
•. I am satisfied that second
Accused indicated that first
Accused was able to testify to
Mensah's uttering of
counterfeit coin at Port
Harcourt and that first
Accused made this allegation
to the Police, which was
untrue.
•. I am
satisfied that these two
Accused conspired together as
charged in count I and planted
this parcel hoping that Mensah
would be covetous enough to do
as he did and that they made
the accusations to the Police
for the purpose of having
Mensah charged with possession
of counterfeit coins .
•• I am satisfied that the two
Accused were in possession of
10 1/counterfeit coins
without lawful authority or
excuse, as charged in second
count. "
The question of law which
arises on count 1 is whether
the appellants can be said to
have conspired to bring a
false accusation within the
wording of section 125 of the
Criminal Code which is as
follows :-
•• Any person who conspires
with another to charge any
person or cause any person to
be charged with any offence,
whether alleged to have been
committed in Nigeria or
elsewhere, knowing that such
person is innocent of the
alleged offence, or not
believing him to be guilty of
the alleged offence, is guilty
of a felony," .
when, if Mensah had been
prosecuted for being in
possession of ten pieces of
counterfeit coin without
lawful authority or excuse, it
is possible that his plea of
ignorance of the contents of
the paper containing
counterfeit coin might not be
held to be a lawful excuse
if it were shown that he had
stolen the coins by finding
