FAJINMI V. THE SPEAKER, WESTERN HOUSE OF ASSEMBLY.

• Pages: 144-150

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NIGERIAN SUPREME COURT CASES

[1962] N.S.C.C.

"It is 3rd ingredient want of reasonable and probable cause and malice that are

in issue. If court finds that plaintiff was not in fact present the allegation would

have been false to the knowledge of the defendant and malice necessarily fol-

lows."

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The defendant's house had in fact been invaded; but the plaintiff sought to prove

that he was elsewhere at the time, as a means of proving that the defendant had

knowingly lied against him to the police, which was the foundation of his case:

without proving that the defendant had deliberately lied, he could not succeed: it

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was, in my view, the paramount question directly in issue, in order that the liability

of the defendant might be brought within the decision in Tewari's case: but as that

was an offence under section 125A of the Criminal Code, the evidence to prove it

should have been such as to prove it beyond reasonable doubt. The way the

learned judge dealt with the evidence has been quoted; his findings were made

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on a balance of probabilities - which in my view was a mistake.

Whilst regretting the fact that I differ from my learned brother Unsworth, F.J., I

feel happy at being compelled to take another view of the law. I think that the plain-

tiff, who was discharged because the case against him could not be proved be-

yond reasonable doubt, cannot in fairness have damages when he could not prove,

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beyond reasonable doubt, his case against the defendant.

I would allow the appeal, and give judgment for the defendant with costs here

and below.

Appeal dismissed

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FAJINMI V. THE SPEAKER, WESTERN HOUSE

OF ASSEMBLY.

SALAWU LASUPO ADEDAYO FAJINMI

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APPELLANT

V

THE SPEAKER, WESTERN HOUSE OF

ASSEMBLY RESPONDENT

SUIT NO. FSC 454/1961

FEDERAL SUPREME COURT

ADEMOLA,

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C.J.F.

BRETT,

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F.J.

BAIRAMIAN,

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F.J.

30th March, 1962.

Constitutional Law - Parliamentary Elections - Jurisdiction to determine specific

question conferred on a Court - Provision that legislature provide practice and

procedure for such determination - Failure of legislature to so provide - Court

not deprived of jurisdiction nor disabled from exercising

Jurisdiction - Constitution of Western Nigeria 1960 section 16(1), 16(2) - Jurisdiction

of Court conferred by constitution - Provision for legislature to provide procedure

- Failure of legislature to so provide - Remedy available to invoke jurisdiction

conferred - Action is the proper method of approaching court where there is

no other special procedure.

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