MANAMA V. BORNU NATIVE AUTHORITY

• Pages: 115-117

MANAMA V. E3ORNU NATIVE AUTHORITY

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115

Costs in this Court will be paid out of the estate and will be awarded as fol-

lows:-

50 guineas + 30 guineas expenses making a total of 80 guineas to the appel-

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lants.

50 guineas + 10 guineas expenses making a total of 60 guineas to first to sixth

respondents.

50 guineas to the seventh respondent.

Appeal dismissed in part and in

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part allowed; Case sent back on

domicile removables.

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MANAMA V. BORNU NATIVE AUTHORITY

MADU MANAMA

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V

BORNU NATIVE AUTHORITY

SUPREME COURT

OF NIGERIA

ADEMOLA,

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C.J.N.

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TAYLOR,

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J.S.C.

BAIRAMIAN,

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J.S.C.

9th April, 1964

APPELLANT

RESPONDENT

SUIT NO. FSC 537/1963

Legislation - Northern Nigeria Criminal Procedure Code, s.229, s.230, s.391(2)

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Criminal Law - Northern Nigeria - Native Court trial on unsworn evidence.

ISSUE:

1. Whether a native court in Northern Nigeria is obliged to swear or affirm

witnesses before it, and whether failure to do so would nullify a trial before the

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court.

FACTS:

The appellant appealed against a conviction in the Shehu of Bornu's Court for

the offence of culpable homicide punishable with death. The record of proceed-

ings in the Shehu's Court clearly showed that none of the six witnesses (including

40 the accused) who gave evidence before the Court were at any time made to take

oath on made affirmation. The only complaint before the Supreme Court was that

the trial was a nullity before this failure to take oath or make affirmation was con-

trary to the spirit of the Common Law and offended against section 229 and 230

and 391 of the Criminal Procedure Code, none of which sections dispense with

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the taking of an oath.

HELD:

1.

It is clear that section 229 and 230 of the Code relate to trial in the High Court

and the Magistrate Court and have no refence whatever to Native Courts. They

ar enot applicable in this case.

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2. It is not obligatory for a native court to invite a witness to take an oath; Section

391(2) of the Code gives the Native Court a discretion whether it will do so at

all, or only as to part of his evidence, and, if so, whether before he gives

evidence or at a subsequent stage of the proceedings.