THE QUEEN V. DIRECTOR OF AUDIT (W.R)

• Pages: 292-296

292

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NIGERIAN SUPREME COURT CASES

[1961] N.S.C.C.

but there is nothing on record as to the effect of a "spot check" and the statement

of Counsel on appeal would not supply that deficiency. Again, as in

Waziri Chin-

g/ v. The Queen,

the alleged confession in the present appeal was retraced; fur-

ther, there was evidence by the defence about how the election expenses were

paid for, which, if accepted, would cast doubt as to the truth of the making of the

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5

alleged confession. It is true that the trial Magistrate said he was unable to rely on

this evidence, but in our view had he taken into consideration all the matters above

related, we are not in a position to say he would have come to this same view about

the evidence for the defence.

There is no need for us to go into the merits or otherwise of the other grounds

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of appeal, for without this alleged confession the conviction cannot be supported.

For these reasons this appeal must succeed and the conviction of the appellant is

set aside, as is the sentence, and verdict of acquittal entered in their place.

Appeal allowed:

Conviction quashed.

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THE QUEEN V. DIRECTOR OF AUDIT (W.R).

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20

THE QUEEN: Ex Parte F. OPUTA

AND OTHERS

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APPELLANTS

V

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25

1.

THE DIRECTOR OF AUDIT (W.R.)

2.

THE MINISTER OF LOCAL

GOVERNMENT (W.R.)

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RESPONDENTS

SUIT NO. FSC 35/1961

FEDERAL SUPREME COURT.

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30

ADEMOLA,

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C.J.F.

TAYLOR,

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F.J.

UNSWORTH,

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F.J.

13th November, 1961,

35

Administrative Law - Certiorari - Surcharge under W.R. Local Government Law

(W.R. No. 12 of 1957) section 198 (1959) Edition, Laws of W.R., Cap.68

section 202) - Appeal to Minister - W.R. Local Government Law (W.R. No.

12 of 1957) section 203(1) (1959 Edition, Laws of W.R. Cap. 68 section 207(1)

- Appeal to Minister in writing containing fill statement of facts and law

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relied upon by the Appellant - Appeal dismissed by Minister without a

hearing - No denial of Natural Justice.

ISSUES:

1.

Whether the absence of an oral hearing or an opportunity to be heard orally

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before an Administrative Tribunal amounts to a denial of the principles of

Natural Justice.

2.

Whether a Minister, acting as an Administrative Tribunal is bound to follow the

practice and procedure of Courts of Law.

FACTS:

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On 26th May, 1958, the Director of Audit (W.R.) wrote to the appellant and cer-

tain other Councillors calling upon them to show why they should not be sur-

charged in respect of a sum of 2138-1s-6d in accordance with the provisions of

section 198 of the Western Region Local Government Law. The Councillors (in-