REX
V.
AKIYEMI AKIWUMI

JELR 81099 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1946-49 12 WACA 340-342
CORAM
LUCIE-SMITH, C.J. (SIERRA LEONE), M’CARTHY AND QUASHIE-IDUN, JJ.
Core Terms Beta
r. v
matter
person
case
appeal
good faith
defamatory matter
opinion
publication
publication of defamatory matter
alleged incident
criminal code
great responsibility
learned trial judge
own peril
sections
cases
charge of this sort
criminal procedure code
editor of a responsible newspaper
editor of the african morning post
ex parte
facts of the case
findings of fact
following cases
ground
learned acting chief justice
lucie-smith
meaning of the last preceding section
meaning of this title
mr. quist
offence of libel contra section
police search
prima facie case
public office
regard
side of the picture
sort of enquiries
state of the law
such editor
such enquiry
such skill
supplementary grounds of appeal states
time factor
trial court

 Lucie-Smith, C.J. This is an appeal from a conviction by the learned Acting Chief Justice. The appellant was charged with the offence of Libel contra section 246 (1) of the Criminal Code. (We would say in passing that in a charge of this sort it might have been m0re satisfactory had section 247 been mentioned in the charge as section 246 does not create an offence but only lays down the punishment. See section 202 (3) (iii) Criminal Procedure Code. The point, however, was not taken , before the trial Court or in this Court and it is obvious that the appellant was in no way prejudiced.) .

The facts of the case are as follows: The appellant is the Editor of the African Morning Post and as such Editor passed for publication and published the article complained of. The alleged incident took place on the 2nd March, 1948, and the article complained of was published on the morning of 4th March, 1948. As the police search out of which the alleged incident arose did not finish until 5.30 p.m. …

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