OKEZIE, J.C.A. (Delivering the Leading Judgment): The appellant was the complainant in the Grade 1 Area Court Ankpa while the respondent was the accused before the same court. The appellant had brought direct criminal prosecution against the respondent for the offence of Criminal Defamation under Section 392 of the Criminal Code.
It is not necessary to set out the charge at length. It suffices to say the respondent uttered imputation concerning the appellant to him that he had sexual intercourse with the respondent's wife - Hawa Okoliko a junior sister to the appellant. Hawa Okoliko and the appellant have the same parents and it was the appellant who brought up the said Hawa Okoliko before the respondent married her.
Following the direct complaint by the appellant at the Area Court Grade 1 Ankpa the respondent was tried and convicted for an offence of criminal defamation of character contrary to section 392 of the Penal Code.
Being dissatisfied with the conviction and sentence the respon…