EJOH V IGP

• Pages: 203-210

EJOH V. I.G.P.

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203

Order made against the appellant for costs in the Court below is hereby set

aside.

Costs to appellant and to the defendants in the Court below and in this Court

to be taxed and to be paid out of the estate.

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Taylor, F.J.

I concur.

Bairamian, F.J.

I concur.

Appeal allowed.

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EJOH V. I.G.P.

15 A.O. EJOH

V

INSPECTOR-GENERAL OF POLICE

FEDERAL SUPREME COURT.

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ADEMOLA,

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C.J.F.

BRETT,

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F.J.

BAIRAMIAN,

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F.J.

26th June, 1963.

APPELLANT

RESPONDENT

SUIT NO. FSC 417/1962

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Legislation - Magistrates' Courts Ordinance (1948 Laws of Nigeria Cap.122) s.20,

s.52 - Magistrates' Courts (Lagos) Ordinance (1958 Laws of the Federation

Cap.113) s.2(1), s.15 - Criminal Procedure Ordinance s.2, s.277(c) and (d),

s.298, s.304(3) and (4), s.308(a) - Criminal Code s.125 A(1), s.249, s. 250 -

Interpretation Ordinance, s.3.

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Criminal Law and Procedure - Offence punishable with 12 months not declared

punishable on summary conviction - summary trial without defendant's consent

- Jurisdiction - Magistrate (Lagos) - Summary trial without consent - Statutes

- Interpretation ex visceribus actus.

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Words and Phrases - Definitions - Words judicially interpreted used in later

legislation - "Indictable Offence" in Criminal Procedure Ordinance s.2.

ISSUES:

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1. Whether under the Magistrates' Courts Ordinance and the Criminal Procedure

Ordinance a Magistrate can try an indictable offence without the consent of the

defendant.

2. Whether the "or' between (b) and (c) of the definition of indictable offence in

s.2 of the Criminal Procedure Ordinance is a mistake for "and".

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FACTS:

Section 125(1) of the Criminal Code creates a certain offence punishable with

twelve months, but does not say that it is punishable on summary conviction. A

Magistrate grade 1 tried the defendant without obtaining his consent; on appeal

from conviction the Judge thought it was an indictable offence under the definition

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in the Criminal Procedure Ordinance, and submitted a case on the point.

The Criminal Procedure Ordinance came into force in 1945 on the same day

as the Magistrates' Courts Ordinance.