SLAP V. A-G, FEDERATION

• Pages: 19-22

SLAP V. A-G, FEDERATION

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But

learned counsel went on to refer to

Thomas V. Holder

(2) as deciding that

if you could identify the original owner, the question then would be the land of the

Risa of Imo.

Precisely so, but, as the learned counsel himself said in his opening address,

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it was hard to say who the first Risa was. It seems to us that the trial court, finding

the traditional evidence on the original of the title inconclusive, did well to adopt

the principle in

Ekpo v. Ita

of going by the acts of ownership. We note that coun-

sel did not dispute the findings of fact on ownership and long possession, and see

no reason for reversing the judgment.

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Appeal dismissed.

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SLAP V. A-G, FEDERATION

ISAAC SLAP

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APPELLANT

V

20 THE ATTORNEY-GENERAL



RESPONDENT

OF THE FEDERATION

SUIT NO. SC 26/1967

SUPREME COURT OF NIGERIA

ADEMOLA,

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BAIRAMIAN,

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J.S.C.

COKER,



J.S.C.

19th January, 1968.

Criminal Law - Unlawful exportation of diamonds - whether transit passenger

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visiting Nigeria for few days exempt from Customs Laws

Legislation - Customs and Excise Management Act 1958, S.58(1)(b)

Criminal Law - Unlawful possession of uncut diamonds

35

Minerals Act - s.67, 68 & 99 - Unlawful exportation of diamonds. - Magistrates

- Sentence - Discretion of Court -

01510171s

and Excise Management Act,

5.159.

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Jurisdiction - Whether conviction wider S.99 of the Minerals Act can only be

sustained if the minerals are mined in Nigeria

ISSUES:

1.

Whether it is relevant that a person caught in the unlawful exportation of

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diamonds is a transit passenger visiting Nigeria for a few days.

2.

Upon whom lies the burden of proving that a defendant can lawfully take uncut

diamonds to the airport for exportation.

3.

Whether a conviction under s.99 of the Minerals Act can only be sustained if

the mineral is mined in Nigeria.

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4. Whether s.159 of the Customs Act gives a Magistrate a discretion as to fines

he could impose, and if so whether that discretion can be questioned by a judge

of appeal.