WAGGA V. THE QUEEN

• Pages: 172-173

172

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NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.

WAGGA V. THE QUEEN

5

DAJA WAGGA

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APPELLANT

V

THE QUEEN

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RESPONDENT

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10

SUIT NO. FSC 58/1963

FEDERAL SUPREME COURT.

ADEMOLA,

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C.J.F.

BRETT,

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F.J.

TAYLOR,

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F.J.

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15

10th June, 1963.

Criminal Law and Procedure - Northern Nigeria - Criminal Procedure Code, 5.249

- Medical Officer's deposition - Medical Officer's Report on injuries or cause

of death.

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ISSUE:

1. Can a medical officer's deposition made in the defendant's presence at a

preliminary investigation be put in as evidence at the trial under s.249(1) of the

Criminal procedure Code without proof that he was unavailable to give

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evidence.

FACTS:

The appellant was charged with and convicted of culpable homicide punish-

able with death under s.221 of the Penal Code. In a statement made to the police,

the appellant stated that he killed his wife because she told him that she would run

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away from his house a second time. However, in his evidence at the trial he tes-

tified that the knife accidentally entered her neck while they were struggling after

she told him she would run away. The Judge disbelieved the latter story, and par-

ticularly on account of the description of the deceased's neck wound by the doc-

tor. On appeal to the Federal Supreme Court, the appellant argued that the

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deposition of the Medical Officer who carried out the post mortem was wrongly

admitted by the trial Judge in that evidence was not given on oath, that the Medi-

cal Officer had left the country and would not be returning, although there was a

letter to that effect before the Judge. Counsel also objected to the written report

made by the doctor being put in evidence with his deposition.

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HELD:

In Northern Nigeria a medical officer's or registered medical practitioner's de-

position on oath at the preliminary investigation made in the presence of the de-

fendant may be put in as evidence at the trial under section 249(1) of the Criminal

Procedure Code, without proving that he had left the country or was not available

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to give evidence; and under subsection (3) the court has a discretion to admit in

evidence a written report by such officer or practitioner of the injuries or physical

cause of death of a person he examined.

[As to

admissibility of deposition of medical officer

see 11 HALSBURY'S

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LAWS 4th Edition 244 para 4271

J.A.

Cole

for the Appellant.

Thomas, Senior Crown Counsel,

for the Respondent.