OMOTOSHO V. C.O.P

• Pages: 314-319

314

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NIGERIAN SUPREME COURT CASES

[1961 N.S.C.C.

OMOTOSHO V. C.O.P.

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5

JACOB OMOTOSHO

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.

151h December, 1961.

APPELLANT

RESPONDENT

SUIT NO. FSC 286/1961

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Criminal Law - Demanding with Menaces - Demand on behalf of another -

Criminal Code Cap. 42, section 406 - Threats which could not and did not

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operate on complainant - Proofs - Insufficiency of evidence. - Receiving Money

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with a view to corrupt the Administration of Justice - Criminal Code, Cap.

42, section 116 - Criminal proceedings threatened unless bribe paid - Both

complainant and offender mutually aware alleged offence fictitious - Insufficient

to convict under section 116(1) - Attempting to obtain money by false pretences

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- Evidence insufficient to convict on substantive charge of obtaining by false

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pretences - Criminal Code Cap. 42, section 419 - conviction of attempt -

Defence - Entrapment.

ISSUES:

1.

Whether the offence of demanding with menaces, with intent to steal covers

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demands made by the offender on behalf of others with the view to steal.

2.

Whether the offence of demanding with menaces with intent to steal can be

proved where evidence shows that the threats did not operate on the mind of

the complainant.

3.

Whether it is material, on a charge of obtaining by false pretences, that the

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complainant could not have been deceived by the false pretences.

4.

Whether the fact that the complainant engaged in a plan to entrap the offender

can be an answer to a charge of attempting to obtain money by false pretences.

FACTS:

The Appellant, a Police Constable, was charged before a Chief Magistrate with

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(1)

demanding with menaces with intent to steal, contra to section 406 of the

Criminal Code,

(2)

receiving money with a view to corrupt or improperly interfere with the ad-

ministration of Justice, contra to section 116(1) of the Criminal Code; and

(3)

obtaining money by false pretences, contra to section 419 of the Criminal

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Code.

The facts were: The Appellant went to the University College Hospital, Ibadan,

where he told one Ogun, a clerk employed there, that he was investigating into an

allegation that he, Ogun, had obtained his employment with the Hospital falsely

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stating that he had passed the Class IV examination. Ogun and he saw the Hos-

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pital Establishment Officer, who showed the Appellant Ogun's application and who

assured the Appellant that the allegation was false.