UDOYE V. THE STATE

• Pages: 126-129

126

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NIGERIAN SUPREME COURT CASES

[1967] N.S.C.C.

community and we do not propose to vary the judgment of the High Court at

their instance. If any of the other people of Awha consider themselves

aggrieved by the order of the High Court, they are persons having a right of

appeal under section 117(6)(a) of the Constitution of the Federation arid it is

for them to exercise that right if they wish to obtain a variation in the judgment

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5

of the High Court."

The defendants erected buildings which they let out to rent- paying tenants with-

out seeking or obtaining permission from the Bob-Manuel House and indeed rec-

klessly denounced that House. Undoubtedly the consequences prescribed by

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10

customary law must follow.

We have come to the conclusion that all the grounds of appeal argued on be-

half of the appellants fail and the appeal must be and it is hereby dismissed. The

appellants will pay to the respondents the costs of this appeal fixed at one hun-

dred and six guineas.

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15

Appeal dismissed.

UDOYE V. THE STATE

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20

INNOCENT UDOYE

V

THE STATE

SUPREME COURT OF NIGERIA

BAIRAMIAN,

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J.S.C.

COKER,

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J.S.C.

LEWIS,

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J.S.C.

21st April, 1967.

APPELLANT

RESPONDENT

SUIT NO. SC 732/1966

25

30

CriminalLaw & Procedure - Sentence - Accused found guilty of dangerous driving

- Sentence of five years imprisonment imposed - Section creating offence

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35

stating "Penalty: 5 years imprisonment" - Whether this means that Court must

impose nothing but five years imprisonment for the offence.

Legislation - Road Traffic Law S.17(2) - Interpretation Law (Eastern Nigeria) S.59.

40

ISSUES:

1.

Whether the wording of Section 17(2) of the Road Traffic Law (Eastern Nigeria)

makes it mandatory for a trial court to impose a minimum sentence of five years

imprisonment.

2.

Whether the words "Penalty, imprisonment for five years" at the foot of section

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45

17(2) of the Road Traffic Law (Eastern Nigeria) prescribes a fixed penalty of

five years, having regard to section 59 of the Interpretation Law (Eastern

Nigeria).

3.

The distinction of the effect of the words "Penalty, imprisonment for five years."

and "shall be liable on conviction to imprisonment for a term not less than ten

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years" on the exercise of a trial court's discretion to impose a lesser sentence.