ASUQUO V. THE STATE

• Pages: 134-137

134

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NIGERIAN SUPREME COURT CASES

[1967] N.S.C.C.

able clear findings as to what this conduct consisted of and we are unable to see

any such findings here. We give full weight to the fact that the Chief Justice had

seen and heard the parties, and in particular the wife,but with all respect, we can

only conclude from his judgment either that in assessing what he called the eleventh

complaint he took into consideration the complaints which he had earlier held were

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not proved, or that he fell into the error of saying that the appellant's conduct must

have been cruel because of the effect it had on the petitioner.

We feel bound to hold that the finding of cruelty was against the weight of evi-

dence and to allow the appeal. The judgment of the High Court is set aside and

the petition is dismissed. The appellant must have costs of the proceedings in the

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10

High Court assessed at 75 guineas and of the appeal assessed at 52 guineas.

Appeal allowed.

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ASUQUO V. THE STATE

JOSEPH ETIM J. ASUQUO

V

THE STATE

SUPREME COURT OF NIGERIA

BAIRAMIAN,

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J.S.C.

COKER,

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J.S.C.

LEWIS,

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J.S.C.

21st April, 1967

APPELLANT

RESPONDENT

SUIT NO. SC 67

7

/

1

966

20

25

Criminal Law - Attempting to induce a witness to withhold true testimony -

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Existence of a judicial proceeding an essential element of the offence

Criminal Code (E.N.) S.S. 113, 121(b) and 126(1),(2).

Statutes - Interpretation - Words in section yielding a meaning sensible on its

own.

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Words and Phrases - meaning of judicial proceeding, 'testimony,' 'witness' in

section 121(b) of the Criminal Code (E.N.).

ISSUE:

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1. Whether the words 'judicial proceeding' includes anything anterior to the

proceeding for the purpose of a charge under section 121(b) of the Criminal

Code (E.N.).

FACTS:

The appellant was charged under section 121(b) of the Criminal Code in that

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at a time when the police were investigating an allegation against him he ap-

proached one Onya and attempted to induce him to lie to the police when inter-

viewed for a statement. The charge as laid stated that the appellant attempted to

induce one Onya 'who was to be called as a witness in a case of 'stealing' against

the appellant to withhold true testimony."

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By section 121(b) of the Code a person who attempts to induce "a person called

or to be called as a witness in any judicial proceeding" to withhold true testimony

is guilty of an offence. At the close of the prosecution's case, counsel for the ap-

pellant submitted that section 121(b) means a judicial proceeding in existence, and