THE QUEEN V. BUKAR

• Pages: 283-286

THE QUEEN V. BUKAR

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283

THE QUEEN V. BUKAR

5

THE QUEEN

V

10 SHERIFF BUKAR

RESPONDENT

APPELLANT

SUIT NO. FSC 100/1961

FEDERAL SUPREME COURT.

ADEMOLA,

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C.J.F.

UNSWORTH,

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F.J.

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TAYLOR,

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F.J.

3rd November, 1961.

Statutes - Interpretation - Repeal prior to constitution of 1960 - Criminal Offence

committed under old law

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Criminal Law - Repealed Law - Charge under Repealed Law after its repeal, for

offences committed when in force

Constitutional Law - Existing Laws - Criminal Law repealed before October lst

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1960 - Effect of Existing Laws Provision of Order in Council - Nigeria

(Constitution) Order in Council, 1960 secs.3(1), 3(7) - Interpretation Ordinance,

Cap 89 sections 2 and 14 - Interpretation Act 1889, (52 & 53 Vict. c.63)

Words and Phrases- "Existing Law".

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ISSUES:

1.

Whether repealed provisions of a criminal statute continue to have effect after

repeal.

2.

Whether the liability of an offender for a statutory offence committed while the

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statute was in force, continues, notwithstanding the repeal of the statute, after

the commission of the offence and before the charge.

FACTS:

The Appellant was charged

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h murder contrary to section 319 of the Crimi-

nal Code. He was tried on the 7th February, 1961, and on the 21st February, 1961,

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convicted and sentenced to death.

The offence was committed or the 11th August, 1960, the Preliminary Investi-

gations took place on the 5th January, 1961, and the Information was filed on the

20th January, 1961.

At the time the offence was committed the Criminal Code was in force in the

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Northern Region. On the 30th of September, 1960, the Criminal Code was re-

pealed by virtue of section 7 of the Northern Region Penal Code, which came into

effect on that date. On the date there was no criminal proceeding for the offence

pending against the Appellant.

Before arguing the grounds of appeal filed, leave was sought and granted the

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appellant to argue additional grounds of appeal which raised a point of law as to

the legality or otherwise of the trial. This was argued as a preliminary objection.

The Appellant's preliminary objection was in substance: