MOHAMMED V. KANO N A

• Pages: 325-329

MOHAMMED V. KANO N.A.

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The appeal is dismissed and it is ordered that the plaintiffs claims in the court

below, including the claim for injunction be dismissed and that this should be the

order of the court. The appellants shall pay to the respondents the costs of this

appeal fixed at 30 guineas.

Appeal dismissed. Plaintiffs'

claims including claim for

injunction dismissed.

MOHAMMED V. KANO N.A.

15 ALHAJI ISIYAKU MOHAMMED

V

KANO NATIVE AUTHORITY

SUPREME COURT OF NIGERIA

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ADEMOLA,

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C.J.N.

COKER,

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J.S.C.

LEWIS,

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J.S.C.

MADARIKAN,

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J.S.C.

31st December, 1968.

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APPELLANT

RESPONDENT

SUIT NO. SC 417/1967

Criminal Law - Charge - Criminal breach of trust - Conviction - Appeal -

Whether accused had fair herring - Test - Nigerian Constitution S.22(2)

Words and Phrases - "Fair hearing" - "Fair trial."

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ISSUES:

1.

What is the true test of a fair hearing.

2.

On whom lies the burden of showing that the irregularity and the conduct of the

trial of a defendant led to a failure of justice.

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3. Can justice be said to have been done to an accused person whose statement

was admitted in evidence and relied on by the trial court, which statement he

made after he had been beaten up by soldiers.

FACTS:

The appellant was an employee of Alhaji Dantata & Sons and on 1st February,

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1967 he was entrusted with a large sum of money in Kano for delivery in the course

of business to one H. in Garin Gabas. The car in which he was to travel developed

engine trouble and he took the money to his house for delivery the next day. He

kept the money in a locked room for the night, but on examination of the room in

the morning the case containing the money was missing. The appellant made a

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report to the police and the investigations were made by one Inspector Markifa

and his assistants. The appellant was therefore charged before the Urban Area

Court, Kano on a charge of criminal breach of trust and he was convicted and

sentenced to a term of 8 years imprisonment. He appealed to the Kano High Court,

where the learned judge found that there were irregularities in the investigation of

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the case and the conduct of the prosecution, and he expressed doubt whether a

jury would have convicted the appellant after hearing evidence of the appellant's

beating at the Army Barracks. Nevertheless the judge dismissed the appeal against

the conviction, but reduced the sentence. The appellant further appealed to the

Supreme Court arguing mainly on the conduct of the trial in the Urban Area Court.

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