ALUKO V. D.P.P. (W.N)

• Pages: 311-315

NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.



311

Appeals as of right from the High Court are governed by section 117(2) of the

new Constitution formerly section 110(2) of the 1960 Constitution of the Federation.

Such an appeal lies in -

5



"(f) such other cases as may be prescribed by any law in force in the territory."

The section 69 discussed above is one such other case.

The preliminary objection fails, and the appeal will be heard on matters of law.

Objection overruled.

10

ALUKO V. D.P.P. (W.N)

15

DR. S.A. ALUKO



APPELLANT

V

THE DIRECTOR OF PUBLIC PROSECUTIONS,

20 WESTERN NIGERIA.



RESPONDENT

SUIT NO. FSC 118/1963

SUPREME COURT OF NIGERIA

BRETT,



J.S.C.

TAYLOR,



J.S.C.

25



BAIRAMIAN,



J.S.C.

23rd December, 1963.

Legislation - Criminal Procedure Ordinance, s.2, s.77(b)(iv), s.276, s.277 -

Interpretation Ordinance, s.3 - High Court Law, Western Nigeria, s.8, s.9, s.11.

30

Criminal Law - Summary trial in High Court of Western Nigeria on complaint

- Jurisdiction of High Court, Western Nigeria, in Criminal cases.

ISSUE:

35



1. Whether the High Court has jurisdiction to try a summary conviction offence

alone.

FACTS:

The D.P.P. lodged a complaint in the High Court, W.N., that the defendant (and

two others who did not appeal) had published a seditious libel contra s. 47(1)(c)

40



of the Criminal Code (W.N.). Admittedly this was a first offence for which he was

liable to two years imprisonment: or a fine of one hundred pounds or both, and

therefore non-indictable. He was convicted and appealed. On his behalf it was

argued that as his was a 'summary conviction offence' as defined in s. 2 of the

Criminal Procedure Ordinance, the High Court had no jurisdiction to try such of-

45



fence alone.

HELD:

1.

The High Court of Western Nigeria has jurisdiction to try any offence whether

triable by a magistrate or not, but (so far as regards procedure and practice)

must observe the provisions of the Criminal Procedure Ordinance in the

50



exercise of its jurisdiction.

2.

As no rule had been made by the Chief Justice of the Region to bar the summary

trial of any class of offence in the High Court, criminal proceedings for any

offence may be instituted in the High Court and then the offence shall be triable

summarily.