EZEA V. THE QUEEN

• Pages: 195-198

EZEA V. THE QUEEN

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£3,000 the Board had paid to them as compensation. He submitted that the Judge

had no power to make the order.

Clearly the summons before the Court was to determine which of the claimants

are entitled to receive the compensation and in what proportion. For the learned

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Judge to go beyond these questions was to try an issue which was not before him.

Member of the Eleshin family were aware that a compensation of £3,000 had been

paid to the Dawodu family by the L.E.D.B. before the summons was issued, but

their attitude to this is that this is a matter between the Dawodu family and the

L.E.D.B., that the latter is the proper body from whom they are entitled to claim the

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compensation due to them. I agree with the view taken by Counsel that the learned

Judge has exceeded his powers in this matter; this is a valid objection.

Counsel for the appellant has made no objection to other points in the judg-

ment and order made by the learned Judge and since no objection are made, it

is not for this Court to consider any other point.

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The appeal will be allowed in so far as it relates to the order to refund the com-

pensation already paid out to the appellants by the L.E.D.B. There will be costs

against the L.E.D.B. assessed at 40 guineas to the Claimants/Appellants.

Brett, F.J. I concur.

Taylor, F.J. I concur.

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Appeal allowed.

EZEA V. THE QUEEN

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UGWU OGIDI EZEA

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APPELLANT

V

30 THE QUEEN

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RESPONDENT

SUIT NO. FSC 103/1963

FEDERAL SUPREME COURT

BRETT,

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F.J.

TAYLOR,

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F.J.

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BAIRAMIAN,

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F.J.

21st June, 1963.

Criminal Procedure - Right to counsel of one's choice - Accused person accepting

counsel assigned by Court.

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Constitutional Law - Constitution of the Federation, 1960 s.21(2) and (5)(c) (s.22(2)

and (5)(c) of the 1963 Constitution); Criminal Procedure Act, s.352.

ISSUE:

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1. Whether an accused person has been deprived of his right to counsel of his

choice under s.21(2) of the 1960 Constitution where he accepts counsel

assigned by the court without disclosing that he had his own counsel.

FACTS:

Section 21(2) of the 1960 Constitudon provides that an accused person shall

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have a fair trial, and section 21(5)(c) that he is entitled to have counsel of his choice

(text in judgment).

In

accordance with s. 352 of the Criminal Procedure Act the High Court as-

signed counsel to the defendant, who was charged with murder; at the trial that

counsel appeared for him and conducted his defence; the defendant did not tell