REX
V.
PETER OTUBU

JELR 81046 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1943 9 WACA 20-21
CORAM
COR. KINGDON, C.J., BUTLER LLOYD AND FRANCIS, JJ.
Core Terms Beta
court
perjury
conviction
appeal
case
section
such cases
witness
answer
assignment of perjury
attorney-general
cases
criminal procedure ordinance
nigeria
opportunity
proper procedure
accra
accusation
authority
case of gesellschaft v
close of the trial
committal order
contempt of court
criminal case
criminal procedure
declaration
fact
failure
following terms
full court of nigeria
gold coast case
hong kong case of chang hangkin
learned trial judge
present case
present constitution
presiding judge
privy council
reasons
record shows
similar cases
summary procedure
various times

 KINGDON, C.J., NIGERIA, BUTLER LLOYD AND FRANCIS, JJ. In this case the appellant was a witness in a criminal case, and at the close of the trial was called up by the Court to show cause why he should not be committed to prison for contempt of Court, the presiding Judge adding “as I am satisfied he has been guilty of perjury”. But the Judge did not set out the assignment of perjury or, so far as the record shows, tell the appellant of what the perjury consisted. We have examined the record and are unable to ascertain what the accusation is or even what the gist of it is. In answer to the request to show cause the appellant made a plea ad misericordiam.

The learned trial Judge acted under section 41 of the Criminal Procedure Ordinance. Somewhat similar cases under similar sections have been considered at various times. The most important is that of Chang Hangkin and others v. Piggot and another ([ 1909] A.C. 312) in which the Privy Council rescinded the committal order because the appel…

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