EMMANUEL
V.
THE QUEEN

BRETT, Ag. C.J.F. (delivering the Judgment of the Court):-The appellant was convicted in the High Court of Eastern Nigeria on counts charging conspiracy to defraud, stealing by clerks or servants and false claims by officials. The case for the prosecution against the appellant depended entirely on circumstantial evidence so far as the existence of a fraudulent intent was concerned, and the appellant's counsel made a submission that there was no case to answer. When this was overruled the appellant elected to stand on his submission; he did not give evidence or make any unsworn statement, and his counsel did not address the court further. His co-accused Stephen Nwosu, however, gave evidence on oath in which he maintained that he was merely a subordinate party to the offences charged and that the appellant was the real instigator of them and the chief participant. In convicting the appellant the judge took into consideration not only the evidence called by the prosecution but also that …