ASABA & ORS V. THE QUEEN

• Pages: 299-304

ASABA & ORS V. THE QUEEN.

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299

The Solicitor-General drew attention to the difference between an attempt to

commit a crime under ss.509 and 510 of the Criminal Code and an attempt to pro-

cure the commission of an offence within the meaning of s. 513 of that Code. He

submitted that the latter section is similar to the offence of incitement to commit a

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crime and referred to

R. v. Cope,

16 Crim. App. R. 77, and other cases referred

to in Archbold (33rd Edition) at p. 1488.

We accept the submission of the Solicitor-General and are satisfied that the evi-

dence given by the witnesses before the Alkali was sufficient to establish the of-

fence of attempting to procure the commission of a riot. We do not think that there

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is substance in the point that the defence was prejudiced by the alteration in the

charge. The evidence would have been exactly the same if the appellant had been

charged in the first instance with an offence contrary to s.513 and there is no rea-

son to believe that the appellant's attitude before the Alkali's Court would have been

any different if he had been charged under that section instead of s.71.

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We have carefully considered the evidence of the witnesses who gave evidence

before the Alkali. The substance of the evidence is the same and the differences

in detail are such as one would expect to find in the evidence of truthful witnesses

who are giving an account to the best of their recollection, of what took place at a

meeting.

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For the reasons given in this judgment the appeal is dismissed.

Appeal dismissed.

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ASABA & ORS V. THE QUEEN.

SAMAILA ASABA & ORS.

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ACCUSED

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THE QUEEN

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RESPONDENT

IN RE: ADAMA MAIDUGURI

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APPELLANT

SUIT NO. FSC 288/1961

FEDERAL SUPREME COURT.

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ADEMOLA,

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C.J.F.

UNSWORTH,

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F.J.

TAYLOR,

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F.J.

29th November, 1961.

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CriminalLaw. Evidence - Accomplice - Corroboration - Evidence of Co-accused -

Trial - No case to answer.

Legislation - N.R. Penal Code, 19i9 (N.R. No. 18 of 1959) Sec. 79 - Evidence

Ordinance, Cap. 62, section 177(2) - N.R. Criminal Procedure Code, 1960,

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(N.R. No. 11 of 1960) Section 19(3) - Criminal Procedure Ordinance, Cap. 43,

Section 286.

ISSUE:

1. Whether an accused person, who gives evidence on his own behalf which

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incriminates a co-accused, is considered to be an accomplice whose evidence

requires corroboration.

FACTS:

The Appellant and three others were tried on a charge of Culpable Homicide

punishable with Death. The Appellant was convicted as charged.