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HOME           7  WEST AFRICA COURT OF APPEAL

 
                                                                                                              

                                   LAGOS, 22ND APRIL, 1941

                                           COR. KINGDOK, PETlUDES AND GRAHAM PAUL, CJ.J.

                               IN THE MATTER OF THE ESTATE OF JAMES TAYLOR, DECEASED.

                                                                             REX                                                  Respondent.

         v

                                 DAVID OSAIGBUDU OKADIKE                       Appellant.

                     

 

                        

Appeal from conviction by High Court.

Convction for preparation  to coin gold and silver Evidence' referred to pennies only-Question of use of W.A.C A  discretion under section 11 (2) of Ordinance No. 47 of 1!

Held: Appeal allowed, conviction quashed.

There is no need to set out the fads.

C. W. Reece for Crown.

Appellant not present.

The following joint judgment was delivered:

­KINGDON, C.J., NIGERIA, PETRIDES, C,J., GOLD C( GRAHAM PAUL, C.J., SIERRA LEONE.

The appellant was charged before Brace, Assistant Judge the Aba Judicial Division upon two counts one for" counting coin contra. section 147 Criminal Code" and the other preparation for coining gold and silver coins contra. section (3) (c) Criminal Code." He was acquitted on the first cm the ground that there was "no evidence of making or beging " to make." But he was convicted upon the second co un sentenced to four years I.H.L. Both sections 147 and 148 only to "gold and silver coin", an expression whir <1efinition includes the coins of mixed metal of greater value current in Nigeria. But the whole of the evidence relating the preparation for making pennies, there is no suggestion the appellant or anyone else was thinking of making coins of a I denomination. Therefore the conviction upon the second cannot stand. 'We have carefully considered whether this is in which we should exercise our powers under section 11 (2) . West African Court of Appeal Ordinance and substitute a v of guilty of some other offence. The only possible section the Criminal Code which comes near to fitting with the proved is section 154 (2), but counsel for the Crown ha unable to ask us to record a conviction under that section fl reason that upon examination the exhibits do not appear adapted for making counterfeit nickel coins.

The appeal is accordingly allowed, the conviction and se] are quashed and it is ordered that a judgment. and verdict and  acquittal be entered, and the appellant discharged.


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