MEKWUNYE V. DIRECTOR OF AUDIT (W N)

• Pages: 223-226

MEKWUNYE V. DIRECTOR OF AUDIT (W.N.)

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223

"111. (2) Any person who attempts in any way not specially defined in this

Code, to obstruct, prevent pervert, or defeat the course of justice is

guilty of misdemeanour, and is liable to imprisonment for two years.

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We cannot say that in this case the phrasing of the count is in accord with the

section of the Code under which the respondent was charged. We therefore think

he was rightly acquitted on this count by the learned Judge, as the learned Sen-

ior State Counsel did not suggest to us that it was appropriate for us to amend or

substitute in regard to this count.

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We therefore allow the appeal of the prosecutor on counts 1, 3 and 4, and the

verdicts of the learned magistrate on these counts are reinstated. Sentences

passed by the learned magistrate are amended and are to read as follows:-

First Count - 2 years I.H.L.

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Third Count - 6 months

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run concurrently with count 1.

Fourth Count- 2 years I.H.L. to run consecutively with counts 1 and 3.

and these will be the sentences passed by the Court.

The respondent is to be arrested forthwith to carry out the sentences passed

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upon him.

Appeal allowed on Counts 1, 3

and 4; Dismissed on Count 2.

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MEKWUNYE V. DIRECTOR OF AUDIT (W.N.)

30 BERTRAM MEKWUNYE

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APPELLANT

V.

DIRECTOR OF AUDIT (W.N.)

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RESPONDENT

SUIT NO. SC. 364/1965

SUPREME COURT OF NIGERIA

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ADEMOLA,

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C.J.N.

BRETT,

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J.S.C.

BAIRAMIAN,

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J.S.C.

COKER,

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J.S.C.

LEWIS,

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J.S.C.

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30th June, 1967

Legislation - Local Government Law (W.N.) section 207

Appeal - to Supreme Court, Civil - High Court decision on appeal against

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surcharge made by Director of Audit - Whether appeal lies

Words and Phrases - Whether Director of Audit a 'court' under 1963 Constitution

of the Federation, section /17(4)(c).

50 ISSUES:

1. Whether proceedings in the High Court on an appeal from the Director of Audit

under section 207(1) and

(2)

of the Local Government Law are appellate or at

first instance.