REX v. OKEREKE OF ALIADE
1936
WEST AFRICAN COURT OF APPEAL
NIGERIA
CORAM
- COR. KINGDON C.]. BUTLER LLOYD GRAHAM PAUL JJ
Areas of Law
- Criminal Law and Procedure
1936
WEST AFRICAN COURT OF APPEAL
NIGERIA
CORAM
AI Generated Summary
This joint appellate judgment, delivered by Kingdon, C.J., Butler Lloyd, and Graham Paul, addresses the sentencing of two appellants who were apprehended with a large quantity of counterfeit coins and no genuine money. Originating from a tribe in the Southern Provinces where counterfeiting is rife, they sought to utter the coins in the Northern Provinces. Each appellant had been sentenced to three years LH.L by the High Court of the Kaduna Division. On appeal, the Crown requested enhancement. Observing that counterfeiting is widespread in the South but less prevalent in the North, the court reasoned that appropriately severe punishment was needed to deter the spread of the offense. It therefore quashed the trial sentences and substituted four years LH.L for both appellants, with the sentences to run from the date of conviction.
The foHowing joint judgment was delivered:-
KINGDON, C.J., NIGERIA, BUTLER LLOYD AND GRAHAM PAUL, ]J.
In this case the two appellants have appealed against sentences of three years LH.L. passed upon each of them by the High Court of the Kaduna Division. The Court is satisfied that the sentences certainly are not too severe, and the Crown has asked that they be enhanced. The two appellants were caught with a large number of counterfeit coins and no genuine ones. They are of a tribe in the Southern Provinces where counterfeiting is rife and they were seeking to utter these coins in the Northern Provinces. Had they been caught and tried anywhere in the Southern Provinces they would undoubtedly have received very much more severe sentences, and we are of opinion that the uttering of counterfeit coins in the Northern Provinces, where it has not yet reached the prevalence it has in the Southern Provinces, should be checked, if possible, by appropriately severe sentences. We have accordingly decided to enhance the sentences.
The sentences passed at the trial are quashed and in substitution therefor the following sentences are passed :-
On the first appellant, four years LH.L. On the second appellant, four years LH.L. Sentences to run from date of conviction.