BASHARU V. BORNU N.A.

• Pages: 296-299

296

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NIGERIAN SUPREME COURT CASES

[1961] N.S.C.C.

I have considered the cases referred to by Counsel for the appellants, but I do

not think that they assist the appellants. In this case the petition did not consist

merely of points of appeal, but (as the Judge pointed out) set out in detail the ex-

planation of the appellants and the grounds of law on which objection was taken

to the decision of the Director of Audit. The petition was forwarded to the Ministry

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5

on the 18th December, 1959, without any intimation that the appellants wished to

supplement the document, and no further submissions were received before the

decision of the Minister was communicated to the appellants on the 13th February,

1960. All relevant documents were forwarded to the Minister, and there is noth-

ing to show that the Director of Audit made further representations which required

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a further explanation from the appellants.

For the reasons given in this judgment I agree with the decision of the Judge

who heard the application and consider that there has been no denial of the prin-

ciples of natural justice. I would accordingly dismiss the appeal with costs as-

sessed at 20 guineas.

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Aciemola, C.J.F.:

I Concur.

Taylor, F.J.:

I Concur.

Appeal dismissed.

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BASHARU V. BORNU N.A.

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HONOURABLE BASHARU

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APPELLANT

BORNU NATIVE AUTHORITY

FEDERAL SUPREME COURT

ADEMOLA,

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C.J.F

UNSWORTH,

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F.J.

TAYLOR,

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F.J.

28th November, 1961

RESPONDENT

SUIT NO. FSC 297/1961

, NIGERIA.

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35

Criminal Law - Conviction by Native Court of Provoking a Riot Criminal Code,

Cap. 42, section 7(d) - Appeal to High Court - Conviction of Attempting to

Procure the Commission of a Riot substituted by High Court - Criminal Code

Cap. 42, section 513(1) - Substitution under N.R. Native Court Law, 1956

(N.R.No. 6 of 1956), section 67(1)(b)(iii) - Whether substitution substantially

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affected the Defence - Offence of Attempting to Procure the Commission of

an Offence, under Criminal Code, Cap. 42, section 513(1), similar to Common

Law Offence in Incitement.

ISSUES:

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1.

Whether the offence of attempting to procure the commission of an offence

under s.513 of the Criminal Code is similar to the Common Law offence of

incitement.

2.

Whether it is necessary for the actual words of incitement used by an accused

as stated in the evidence of various witnesses, to be the same.

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3.

Whether the substitution of the offence of attempting to procure the commission

of an offence, with that of incitement, can be prejudicial to a case for the

defence.