AFOLABI V. C.O.P

• Pages: 288-292

288

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NIGERIAN SUPREME COURT CASES

[1961] N.S.C.C.

UNSWORTH,

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F.J.:

(Delivering the Judgment of the Court):- This is an

application by one Ephraim Nnabugwu for leave to be substituted for the appellant

who is now dead.

It is apparent from the pleadings that the Applicant has an interest in the sub-

ject matter, which might well have entitled him to be added as a party to the ac-

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5

tion, and might also have entitled him to bring an appeal himself under Section

110 (6) (a) of the Constitution. He did not, however, adopt the former course, and

the latter course was not possible as the time for appeal under the former rules of

this Court had expired. The applicant now applies to be substituted as appellant

under Order 16 Rule 46, as read with Order 17 Rule 4 of the Rules of the Supreme

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Court in England which apply in the Eastern Region by virtue of section 15 of the

High Court Law.

In our view these rules do not cover a case such as the one we are now con-

sidering. Order 16 Rule 46 is clearly designed to enable a case to continue at the

request of one of the parties, and Order 17 Rule 4 is limited to cases where there

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is a transmission of interest on death. In the present case there was no transmission

of the appellant's interest to the applicant on the death of the appellant.

The application is accordingly refused with costs assessed at 10 guineas.

Application refused.

20

AFOLABI V. C.O.P.

25

RAIMI ADEBISI AFOLABI

V

COMMISSIONER OF POLICE

FEDERAL SUPREME COURT.

ADEMOLA,

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C.J.F.

UNSWORTH,

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F.J.

TAYLOR,

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F.J.

9th November, 1961.

APPELLANT

RESPONDENT

SUIT NO.FSC.153/1961

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35

Criminal Law - Confession - Must be direct and positive - Prosecution witness

testimony in conflict with confession - Effect.

ISSUE:

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1. Whether a confession which is not direct and positive as far as the charges are

concerned, can be regarded as a true confession.

FACTS:

The Appellant, a storekeeper, was convicted by the Chief Magistrate, lbadan,

on all the twelve counts on which he was charged with stealing specific items the

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property of his employers. On appeal to the High Court the conviction was up-

held. The Appellant then appealed to the Federal Supreme Court.

The evidence adduced by the Prosecution showed that a document had been

prepared by the appellant's employers showing twenty- three items of alleged

shortage in the appellant's stock. It was shown to the appellant by the Manager

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and another employee, the second prosecution witness, who inquired of him how

the alleged shortage occurred.