KINGDON, C.J., NIGERIA, BUTLER IJLOYD AND BAKER, JJ. This is a case stated by Brooke, J., sitting in the Kaduna Judicial Division of the High Court.
The accused was charged with compelling action by intimidation contra section 366 (1) (a) of the Criminal Code.
The facts found by the learned trial Judge were that the accused typed and sent an anonymous letter to a legal practitioner with the intent of preventing or hindering him from doing an act which he was lawfully entitled to do, viz: freely to exercise his profession, and that the letter contained threats of injury to the recipient's person and reputation.
The learned trial Judge held subject to the Opinion of this Court that these facts did not constitute an offence within section 366 of the Code. The question we are asked is as follows:- “Was the Court correct in coming to decision that a “person who by himself sends a letter to a person threatening “him with injury to his person and reputation with the intent
“of preventing or h…