Lord Atkin.-

This is an appeal in a criminal case by special leave from a judgment of the Full Court of the Supreme Court of Nigeria affirming on a case stated a conviction and sentence upon the appellant on a trial at the Special Assizes at Lagos before Berkeley, J , and a special jury. After the hearing before their Board their Lordships announced that they would humbly advise His Majesty that the appeal should be allowed and the conviction set aside and that they would give their reasons for their report later which they now proceed to do.

The appellant in November 1931, was an officer in the Administrative Service of Nigeria of about 17 years standing. He was at that time, and had been during the year 1931, District Officer in charge of the District of Ilorin in that Province, and was also in charge of the Ilorin Emir's Native Administration. On 10th November 1931, he left Ilorin on leave for England. In December he was arrested in England on a warrant in pursuance of the Fugitive Offenders Act charging him with having stolen £150 in two bags of silver, the property of the Nigerian Government. Eventually he was remanded in this country in order to enable him to return voluntarily