REX
V.
NGWU OBUKA

KINGDON, C.J., NIGERIA.

In this case the appellant was charged together with two women on a first count with slave dealing contra section 369 (2) of the Criminal Code, and on a second count with child stealing contra section 371 (1) and (2) of the Criminal Code.

The evidence for the prosecution, if it had been believed by the trial Judge, would have established an offence under the first count, but not under the second. But the trial Judge acquitted all three accused on the first count and convicted them all on the second, sentencing the appellant to seven years I.H.L. On the appeal the Crown has not attempted to support the conviction of the appellant on count two. Nor in view of the acquittal on count one is it possible for this Court now to substitute a conviction on that count.

The Crown does however ask that the Court will exercise its power under section 11 (2) of the West African Court of Appeal Ordinance, 1933, and substitute a verdict of guilty of an offence contra section 365 …