CHUKWUEMEKA NWOKENTA V. THE STATE

• Pages: 115-116

CHUKWUEMEKA NWOKENTA V. THE STATE

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115

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CHUKWUEMEKA NWOKENTA V. THE STATE

CHUKWUEMEKA NWOKENTA

V

10 THE STATE

SUPREME COURT OF NIGERIA

BRETT,

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J.S.C.

AJEGBO,

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J.S.C.

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LEWIS,

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J.S.C.

20th March, 1967

APPELLANT

RESPONDENT

SUIT NO. SC 676/1966

Criminal Lawand Procedure - Murder - Application for adjournment by defence

to look for psychiatrist to testify as to accused's mental condition - Application

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made after accused had given evidence - Lateness in making application -

Refusal by Court to grant application.

ISSUES:

1.

Whether, in a criminal case, a trial court has a discretion to grant or refuse an

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application by the accused for an adjournment to call a witness.

2.

Where a court refused to gra it such an application, what must the accused

show before an appeal court will hold that the discretion has been wrongly

exercised?

FACTS:

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The appellant was tried and convicted for the murder of his father. At the close

of the case for the prosecution and after the appellant had given evidence, defence

counsel asked for an adjournment to allow him the opportunity of looking for a

psychiatrist to give evidence about the accused's mental condition. The applica-

tion was refused.

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On appeal, appellant's counsel relied on the decision in

R.

v.

Sorunke (infra)

in arguing that the trial judge errod in not granting the application of the accused.

HELD:

1.

In

R.

v.

Sorunke (infra)

the Judicial Committee while upholding the right of an

accused person to obtain a writ of subpoena for a named witness, expressly

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pointed out that it was in the discretion of the Court whether to grant an

adjournment if the applicatiori was made unduly late.

2.

The Court will refuse to hold that an adjournment had been wrongly refused

where it was not shown that the lateness of the application was due to any

mistake or justified reason, ald this applies

a fortiori

when defending counsel

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does not even know whether

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he can find a witness to testify in the sense he

desires.

CASES REFERRED TO IN JUDGIVIENT:

1.

R.

v. Sorunke

[1946] A.C. 316.

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2.

R.

v. Onyedire

[1961] 1 All N.L.R. 642.

J.A. Cole,

for the Appellant.

No appearance for the Respondent