IZIOGO V. THE QUEEN

• Pages: 68-71

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NIGERIAN SUPREME COURT CASES [1963] N.S.C.C.

into the witness box and explain these transactions. No ground has been shown

for interfering with the Judge's finding that the appellant stole these sums.

In the result the conviction on count 1 is set aside, and judgment of acquittal is

entered. The appeal is dismissed as regards the convictions on counts 8 to 18 in-

clusive.

Appeal allowed on the first count

and dismissed on the others.

IZIOGO V. THE QUEEN

MBAM IZIOGO

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APPELLANT

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V

THE QUEEN

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RESPONDENT

SUIT NO. FSC 461/1962

FEDERAL SUPREME COURT.

BRETT,

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Ag. C.J.F.

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TAYLOR,

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F.J.

COKER,

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Ag. F.J.

15th February, 1963.

Legislation- Evidence Act, s.34(3) - Constitution (1960) of Eastern Nigeria, s.42.

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Criminal Law- Criminal Law - Depositions - Reception in evidence at trial -

Deposition of medical officer - Letter from Permanent Secretary on doctor's

absence abroad.

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ISSUE:

1.

Whether a court can under s.34(3) of the Evidence Act receive a doctor's

deposition on the strength of a letter signed by his head of department, the

Permanent Secretary of the Ministry of Health, explaining the doctor's absence.

FACTS:

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The appellant killed the deceased, and the only point on appeal related to the

reception of the doctor's deposition on the strength of a letter signed by the Per-

manent Secretary of the Ministry of Health, that the doctor was abroad on a train-

ing course. For the appellant the objection was that the letter was not signed by

the doctor's Head of Department, as required by s.34(3) of the Evidence Act; the

respondent relied on s.42 of the Constitution of Eastern Nigeria, which provides

that subject to the Minister's direction and control, the department shall be under

the supervision of a Permanent Secretary.

HELD:

A letter purporting to come from the Permanent Secretary of a Ministry in the

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usual course of business is a letter to which the minister has subscribed and ema-

nates from him because s.42 of the Constitution of Eastern Nigeria provides that

the Permanent Secretary shall exercise superisory powers while general control

and derection is vested on the Minister. The trial Court was right under s.34(3) of

the Evidence Act to here received the doctor's deposition on the strength of the

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letter signed by tie Permanent Secretary.

[As to

admissibility of depositions,

see 11 HALSBURY'S LAWS 4th Edition 244

para 427.]

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