YABUGBE V. C.O.P.

• Pages: 651-672

YABUGBE V. C.O.P.

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651

YABUGBE V. C.O.P.

PAUL YABUGBE

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APPELLANT

V.

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10 COMMISSIONER OF POLICE

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RESPONDENT

APPEAL No. SC. 162/1990.

SUPREME COURT OF NIGERIA

UWAIS,

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J.S.C.

BELGORE,

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J.S.C.

NNAEMEKA-AGU, J.S.C.

WALT,

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J.S.C.

AKPATA,

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J.S.C.

10th April, 1992.

Administrative law -

Public Officers - Public Officers Protection Law, Oyo State Cap. 106

section 2 - Criminal Liability of Public Officers - Whether excluded by Public Officers

Protection Law.

Constitutional law -

Constitution of the Federal. Republic of Nigeria 1963, S.22(10) -

Whether offence defined and penalty prescribed by law.

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Constitutional law -

Bias - Allegation of- Test to be applied.

Criminal Law and Procedure -

Criminal proceedings - Limitation of time - Applicability.

Interpretation of Statutes -

Marginal notes - Use of

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Interpretation of Statutes -

Section 2 of Public Officers Protection Law Cap. 106 & Laws

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of Oyo State of Nigeria 1978 - Whether it covers criminal prosecution. Statutes having

two meanings - Attitude of court.

Limitation of actions -

Section 2 of Public Officers Protection Law Cap. 106 - Criminal

Proceedings - Whether applicable.

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Natural Justice -

Nemo judex in causa sua - Bias - Whether being a member of Magistrates

Association - Whether relevant.

Statute -

Public Officers Protection Law, Oyo State Cap. 106 section 2 - Meaning and

object of

Words and Phrases -

"Prosecution" - Within context of section 2 of Public Officers

Protection Law Oyo State - Meaning of

ISSUES:

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1. Whether limitation of time applies to criminal proceedings.

2. What is the meaning of "Prosecution" within the context of section 2 of the

Public Officers Protection Law Cap. 106, Law of Oyo State of Nigeria 1978?

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NIGERIAN SUPREME COURT CASES

[1992] 1 N.S.C.C.

3.

Will a public officer who has committed a criminal offence purporting to carry

out any public duty be immuned from prosecution if within three months of

committing the offence he has not been charged to court?

4.

What is the effect when a person is charged but the charge is erroneously

brought under a wrong section of an existing law or under a law which has been

repealed or has ceased to exist?

S. What is the Test of Bias?

6.

What is the meaning of

"Nemo Judex in Causa Sua"?

7.

When will an allegation of Bias succeed?

FACTS:

Olayiwola Afolabi was a senior magistrate. On 3/6/79 at about 7.00 p.m. he

drove in his car in company of his wife, p.w.2, his sister-in-law, p.w.3, and two of his

children aged between two and four years, to Adesan market, Oyo. On getting

there he parked at a point very close to the grass verge on the right side of the

road, not far from the Motor Traffic Division of the Nigerian Police.

His wife and her sister got down and went into the market while p.w.1 and his

two children remained in the car About fifteen minutes later the first accused who

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was in uniform went to p.w.1 on the instruction of the third accused the appellant,

and requested him to move his car from where it was parked because, according

to first accused, it was causing obstruction. PW.1 who was certain from all

indications that he was not causing obstruction and that parking there was not

prohibited explained to the first accused that he was waiting there for his wife who

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had gone into the market to buy some food stuffs.

The first accused returned to the Motor Traffic Division and told the appellant

of the refusal of p.w.1 to remove his car from where it was parked, The appellant

who was in mufti personally went to p.w.1 and asked him to move from the place.

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When p.w.1 would not move, the appellant asked for his vehicle particulars. P.VV.1

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doubted his authority to ask him for his particulars since he was in mufti. It was at

this stage the appellant informed p.w.1 that he was the police officer in charge of

the Motor Traffic Division and sent one of the police constables, to go for his identity

card at the police station.

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Before the constable returned the wife of p.w.1 had come out of the market.

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The appellant would not allow her to enter the car. He indicated he would make

the matter a test case. According to the prosecution, the appellant ordered the

first and second accused to arrest, beat and put p.w.1 in the cell. This order, the

first and second accused carried out zealously. P.W.1 was kicked and dragged to

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the police station. He was beaten to a state of semi-coma. His clothes and pants

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were torn leaving him half- naked.

P.W.2, the wife of PW.1, in dismay went for P.W.5. Mr. Oladosun Gbadegeshin,

a lawyer by profession who lived very close to the Motor Traffic Division. P.W.5

arrived to find P.W.1 on the floor with only his pants, which was in shreds, on. About

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the same time P.W.6, Hamzat Taiwo Ayanlaye, a civil servant was attracted to the

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scene because of the large crowd gathered there. When he found that P.W.1 was

the victim of the assault he exclaimed in disgust that the police men were inviting

trouble for themselves for beating up a Magistrate to the point of death. The

disclosure by RW.6 that P.W.1 was a magistrate had a chilly effect, Calm prevailed.

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The appellant readily agreed that p.w.1 be taken to the Oyo State Hospital where

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he was attended to by p.w.4, Dr. Wahabi Lawal. RW.4 testified as to the nature of

injuries sustained by P.W.1 and the fact that he was on admission for three days.

P.W.8. Afolabi Fagbite, an Inspector of Police produced a sketch plan of the scene,

Exhibit A.

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