LAGOS, 3RD FEBRUARY, 1942.
COR. KINGDON, C.J., BUTLER LLOYD
AND BAKER JJ.
REX Respondent
'V.
1.
OK ON EKPENYONG PHILLIP
2.
HENRY IGUMA OSHODI
Appellants
Appeal from conviction by High
Court.
Cr.iminal Law--Conspiracy to
commit felon'JJ contra section
516 Criminal Code--Count bad for
uncertainty.
Held: .The particulars omitted
the nature of the felony and the
count was held bad for
uncertainty.
Mckinstry
for Crown. Vkon for
Appellant.
The following joint judgment was
delivered:-
KINGDON, C.J., NIGERIA, BUTIJER
LJ~OYD AND BAKER,
JJ.
-
We can find no substance in any
of the. grounds of Appeal filed
and argued on behalf of the two
appellants in this case. We are,
however, of opinion that the
convictions on count 14 cannot
stand.
That count reads:-
and
" Conspiracy to commit felony
contrary to section 516 " of the
Criminal Code."
i •
the particulars gIven are:-
"Okon Ekpenyong Phillip and
Henry Iguma Oshodi " between the
months of March, 1940, and
November, 1940, "at Calabar and
Oron in the Calabar Magisterial
area " conspired to commit
felony."
We JIold that this is bad for
uncertainty. The accused should
be given notice of the nature of
the felony which it is alleged
they have conspired to commit.
The appeal of each of the
appelJants against his
conviction upon count 14 is
accordingly allowed, the
convictions and sentences upon
that count are quashed and it is
directed that in respect of that
count a judgment and verdict of
acquittal be enteJ>ed in favour
of each of the Appellants.
The convictions of each
appellant upon the other counts
are upheld.
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