KINGDON. C.J., NIGERIA. BUTLJER LLOYD AND FRANCIS, JJ. There is only one point of substance in this appeal and that is that the conviction of the appellant rested upon the evidence of a woman named Eunice Adeye who is the wife of a co-accused named Daniel Ajiyola. Both the woman and the co-accused in giving evidence were sworn on the Bible. She said “the first accused is my husband”, and he described her as his wife. It must be taken that they are the husband and wife of a “Christian marriage” and the woman was only a competent witness if called upon the application of the person charged. She was not so called and consequently was not a competent witness. The case of R. Mount and anor. (24 Cr. App. Rep. p. 135) is an authority deciding that in such circumstances the conviction cannot stand.
The appeal is allowed, the conviction and sentence are quashed and it is directed that in the case of the appellant a judgment and verdict of acquittal be entered. The appellant is discharged.