BAIRAMIAN, J.S.C. (delivering the judgement of the Court)-The appellant and two others (who have not appealed) were convicted in the High Court of Western Nigeria (Adeyinka Morgan, J. on 21st February, 1963) of an offence against section 47 (1) (c) of the Criminal Code, cap. 28 in the 1959 Laws of the Region, which provides that:-
"47. (1) Any person who:
(c) Prints, publishes, sells, offers for sale, distributes of reproduces any seditious publication;
shall be guilty of an offence and liable on conviction for a first offence to imprisonment for two years or to a fine of one hundred pounds or to both" etc.
Admittedly this was a first offence and non-indictable having regard to the punishment to which the appellant was liable for publishing a seditious libel; Ground 6 of the grounds of appeal objects that:-
"The learned trial Judge erred in law in holding that he had jurisdiction to try the charge which was non indictable."
Mr. Ayoola for the appellant referred to the definition of "S…