AKHIWU V. PRINCIPAL LOTTERIES OFFICER MID-WEST & ANOR.

• Pages: 392-395

AKHIWU V. PRINCIPAL LOTTERIES OFFICER MID-WEST & ANOR. 392

AKHIWU

V. PRINCIPAL LOTTERIES OFFICER

MID-WEST & ANOR.

CHIEF G. A. AKHIWU

V

1.

THE PRINCIPAL LOTTERIES

OFFICER, MID-WESTERN STATE

OF NIGERIA

2.

A.I. EHIAHBI

SUPREME COURT

OF

NIGERIA

COKER,



J.S.C.

UDO-UDOMA,



J.S.C.

FATAI-WILLIAMS, J.S.C.

12th December, 1969.

APPELLANT

1ST RESPONDENT

2ND RESPONDENT

SUIT NO. SC 254/1969

Civil Action - Practice and Procedure - Ruling - Granting application to stay

order of High Court that exhibits be given to police and appellant be prosecuted

pending determination of appeal in Supreme Court Order 8 rule 18(1) and

(5) and (19). Supreme Court Rules on procedure on appeal in respect of

exhibits must be complied with.

ISSUE:

1. Whether it is the proper procedure to leave exhibits in a case on appeal in the

custody of the police.

FACTS:

The applicant was arrested on the orders of a High Court Judge and ordered

to be prosecuted. This was as a result of the opinion expressed by the High Court

Judge that the applicant was acting as an impostor and a rogue in respect of the

exhibit in this case. The trial Judge then ordered that the exhibits be sent to the

police to be used for his prosecution not- withstanding any appeal on the case

before the Supreme Court. The applicant appealed. He also filed an application

in the Supreme Court for a stay of execution and further proceedings on the mat-

ter of appeal, a stay of the trial Judge's order to prosecute him and an order to

be given to the police to hand over all the Exhibits to the Registrar of the Benin

High Court.

HELD:

1. The order made by the court below that "all the exhibits in this case be

•

impounded and released to the Nigeria Police, any appeal in this matter to the

Supreme Court notwithstanding'; would appear to have ignored completely or

at least not to have had in contemplation the rules of the Supreme Court as to

how exhibits should be treated in the event of an appeal and when an appeal

is pending in the Supreme Court from the judgment of a Judge.

Williams

for the Applicant.

Ikomi

for the Respondents.