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The following joint judgment was delivered :-
KINGDON, C.J., NIGERIA, BUTLER LLOYD ANI) CAREY, JJ.
In this case the two accused were charged in the High Court of the Aba Judicial Division for the following three offences :Statement of Offence-1st Count.
Conspiracy to bring false accusation contra section 125 C.C
Particulars of Offence.
Accused at about 4.30 p.m. on the 27th day of October, 1938, at Aba in the Province of Owerri did conspire with one another to charge, or cause to be charged one James Robert Mensah (m) with the offence of unlawful possession of 101/pieces counterfeit coins without lawful authority or excuse, knowing that the said James Robert Mensah is innocent of the alleged charge 'or not believing him to be guilty of the alleged offence.
Statement of Offence-2nd Count.
Unlawful possession of counterfeit coins contra section 150A C.C.
Particulars of Offence.
Accused at the same time and place unlawfully possessed 10 1/- pieces counterfeit coins without lawful authority or excuse.
Statement of Offence-3rd Count.
Possession of several counterfeit coins contra section 152 (3) CC.
Accused at the same time and place had in their possession 10 1/- pieces counterfeit coins, knowing them to be counterfeit, and with intent to utter them or any of thorn.
They were both convicted on counts 1 and 2 and sentenced to 3 years and 6 months I.H.L. on each count the sentences to run concurrently.
They were acquitted on Count 3.
There is no appeal before us on the facts and the only question we have to decide is whether the facts as found by the learned Trial Judge establish the offences of which the appellants have been convicted.
The facts are somewhat unusual. They are set out in the judgment of the Court below in a series of findings as follows :-
.. In this case I am satisfied that shortly before the incident resulting in these charges the second Accused on the complaint of the complainant Mensah was charged before the Magistrate with assaulting his wife and fined 7s. 6d. and that since that time there has been. ill-feeling between second Accused and Mensah .
I am satisfied that the first Accused is a great friend of second Acc used •. I am satisfied that on the 27th October, 1938, the first and second Accused were near the precincts of Aba Railway Station on the arrival of the afternoon train from Port Harcourt, on which train Mensah, Nwogwu and Police Constable Christian travelled .
•. I am satisfied that the first Accused was w