C.O.P. V. EDEDEY

• Pages: 309-311

NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.

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309

Appeal dismissed: but order

varied so as to identify the land to

which the declaration related by

reference to a plan.

C.O.P. V. EDEDEY

COMMISSIONER OF POLICE

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APPELLANT

V

SMART EDEDEY

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RESPONDENT

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SUIT NO. FSC 291/1963

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

TAYLOR,

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J.S.C.

BAIRAMIAN,

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J.S.C.

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23rd December, 1963.

Legislation - Constitution of the Federation, 1963, s. 117(2)(f), Western Nigeria -

Magistrates' Court Law, s. 66, s. 68, s. 69.

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Criminal Appeals - Western Nigeria - Trial by Magistrate - Appeal to High

Court - Prosecutor's appeal as of right to Supreme Court on 'natter of Law.

ISSUE:

1. Whether in Western Nigeria a prosecutor may appeal as of right on a matter of

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law to the Supreme Court from the appellate decision of the High Court in a

criminal case.

FACTS:

S.117(2)(f) of the 1963 Constitution confers a right of appeal

de jure

in such

other cases as may be prescribed by any law in the territory. Briefly, the Magis-

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trates' Courts Law (W.N.) provides in s. 66, that a person who pleaded not guilty

and was convicted by a magistrate may appeal to the High Court; in s.67, that a

prosecutor may appeal from acquittal by the magistrate on ground of law; and in

s. 69, that any person aggrieved by the High Court decision may appeal further

on a matter of law.

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That s.66 provides that:-

"Any person aggrieved by a conviction or order by a magistrate in a criminal

case in respect of any charge to which he pleaded not guilty or of which he did

not admit the truth may appeal to the appeal court from such conviction".

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The defendant was convicted by the magistrate, but acquitted on appeal in the

High Court, and the prosecutor appealed to the Supreme Court on the ground of

error of law. The defendant's Counsel objected that as no leave had been ob-

tained, the appeal could not be entertained.

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HELD:

In Western Nigeria a prosecutor may appeal as of right on a matter of law to

the Supreme Court from the appellate decision of the High Court in a criminal case

determined by a magistrate.

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