BAKER, J. This is a question of law reserved for the consideration of the West African Court of Appeal upon a case stated under section 191 of Cap. 20 of the Laws of Nigeria.
The facts of the case (which are not disputed) are that one Dada in consideration of a loan of 30s. advanced by the accused Dare, handed over to the accused his son Musa (a boy of some fourteen years) to work for him and to remain as a pawn with the accused until the said sum of 30s, was repaid.
Dare the accused was subsequently charged with an offence contrary to section 369 (3) of the Criminal Code which reads as follows : “Any person who places or receives any person in servitude as a pledge or security for debt whether then due and owing, or to be incurred or contingent, whether under the name of a pawn or by whatever other name such person may be called or known-is guilty of slave-dealing.”
Upon the trial of the accused the learned Judge who tried the case held that the boy Musa who was given in pawn was not a…