Fabricating
evidence contra. Section 120 (1)
Criminalna1 Code- conviction for
counselling or procuring
the commission of perjury
-section specially excludes
Held: Appeal
allowed, conviction quashed.
There is no
need to set out the facts.
Appellant not present.
C. W.
Reece for Crown.
The following
joint judgment was delivered:-
KINGDON, C .
T., NIGERIA, BUTLER LLOYD AND
BAKER, JJ
In this case
the appellant was convicted on
two counts, the first for
fabricating evidence, contrary
to section 120 (1) Criminal Code
and the second for corruption of
witness, contrary section 121
(1) Criminal Code. He was
convicted on both counts and
sentenced to four years I.H.L.
on each count the sentences to
run concurrently. He has sought
leave to appeal against both
convictions. The conviction on
the second count was based on
the clearest evidence and leave
to appeal on that count has been
refused. But the conviction on
the first count is clearly
wrong. The section reading as
follows:-
" Any person
who, with intent to mislead any
tribunal " in any judicial
proceeding-
" (1)
fabricates evidence by any means
other than perjury or "
counselling or procuring the
commission of perjury:
" is guilty
oĢ a felony, and is liable to
imprisonment for " seven years."
The
particulars given of the alleged
offence in this case are:-
That Kanu
Ezuma on 30th September, 1940,
at " Umuagigo, Aba Division, in
the Province of Owerri, in the "
Aba .1udicial Division, with
intent to mislead the High "
Court of the Aba Judicial Area,
holden at Aba, knowing " that
Mesiak Onyenma Ahuekwe was being
called as a witness " for the
prosecution at the trial of "Rex
versus Kauu " Ezuma," fabricated
evidence by counselling or
procuring' " the said Mesiak
Onyenma Ahuekwe to commit
perjury"
It is clear
that the particulars are framed
as though the words " any means
other than" were omitted from
the section, and that the charge
instead of coming within the
section is, in terms, excluded
from it. The appeal against the
conviction on count one is
allowed, the conviction and
sentence passed upon that count
are quashed, and it is directed
that' upon count one a judgment
and verdict of acquittal be
entered.
