JAMES EDUN AND OTHERS
V.
INSPECTOR-GENERAL OF POLICE

(1966) JELR 80372 (SC)    
Supreme Court  ·  Case Number: SC. 494/1966, ·  14 Jan 1966 ·  Nigeria
 · 
Other Citations
(1966) LCN/1355(SC),(1966)1 All N.L.R 43
CORAM
BRETT, JUSTICE, SUPREME COURT ONYEAMA, JUSTICE, SUPREME COURT AJEGBO, JUSTICE, SUPREME COURT
Core Terms Beta
section
charge
use
chief magistrate
ballot boxes
henry edema
accused persons
amended charge
criminal procedure act
indictable offence
high court
polling station
second count
accused person
agogbororo polling station
counts
criminal code
maximum penalty
1st count
2nd count
african court of appeal
amendment of the first count
ample evidence
attention of mr. boyo
brett j.s.c.
chief magistrate power
cross-examination
decision of the west
due authority takes
first case
good faith
grounds of appeal
inspector amu
lawful authority
magistrates’ courts law
material parts of the charge
next ground of appeal deals
number of other persons
presiding officer
ready t
reasonable grounds
record of the proceedings
said henry edema
second thoughts
small borough r.d.c.
specific points
submission mr. boyo
view of the different meanings
western nigeria parliamentary electoral regulations
west region election


BRETT J.S.C.(delivering the judgment)The appellants were convicted by the Chief Magistrate, Warri, on a charge containing two counts. Their appeals to the High Court were dismissed and they have now appealed to this Court.

The material parts of the charge originally read-

‘1st Count:-That you took without lawful authority 3 ballot boxes which were in the possession of one Henry Edema which ballot boxes were to be used in the Mid-West Region election and thereby committed an offence contrary to section 59 (1) (g) of the Western Nigeria Parliamentary Electoral Regulations, 1960.

2nd Count: That you stole from Henry Edema’ (a number of named articles) ‘and immediately before the time of such stealing did threaten to use actual violence to the said Henry Edema and thereby committed an offence contrary to section 341 of the Criminal Code and punishable under section 342 of the same law.’

The record of the proceedings on the 19th October, 1964 reads-

‘Charges read to the 13 accused persons and e…

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