D.P.P. V. OBI

• Pages: 104-114

104

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D.P.P. V. OBI.

D.P.P. V. OBI.

In the matter of reference under Section 108 of the Constitution of the

Federation.

In re:

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DIRECTOR OF PUBLIC

PROSECUTIONS

V

CHIKE OBI

COMPLAINANT

DEFENDANT

SUIT NO. FSC 56/1961

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FEDERAL SUPREME COURT.

ADEMOLA,

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C.J. F.

BRETT,

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F.J.

UNSWORTH,

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F.J.

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TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

6th April, 1961.

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Constitutional Law - Nigeria (Constitution) Order in Council 1960; Second Schedule

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- The Constitution of the Federation, Sections 108, 1 and 24 - Fundamental

Human Rights - Freedom of Expression.

Criminal Law- Sedition - Criminal Code, Cap. 42, Section 50 and 51 - Publication

against Government of the Federation.

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Statutes - Interpretation - Meanings of "Government", "hatred", "contempt",

"disaffection" in s. 50 (2) (a) Criminal Code - Fair criticism - Malignant attack

- Truth as defence - Intention - Incitement to violence.

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ISSUES:

1.

What is the proper meaning of "the Government of Nigeria as by law

established" ?

2.

Whether the words hatred and contempt in Section 50(2)(a) of the Criminal

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40

Code? merely mean the absence of affection and regard.

3.

What is the meaning of the word "disaffection," in section 50(2)(a) of the Criminal

Code?

4.

Whether it is constitutional for a person to criticise the acts of the government.

5.

Whether truth is a defence to a charge of Sedition.

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6.

Whether s.50(3) of the Criminal Code, allows a document to speak for itself

without calling extrinsic evidence to prove intent.

7.

Whether the Supreme Court has jurisdiction to decide

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which acts lead to

disorder and must be checked, and

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which law is justifiable.

8.

Whether the exceptions in s.50(2) of the Criminal Code form a sufficient

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protection of the rights of freedom of expression guaranteed by the constitution.