ALUKO
V.
THE DIRECTOR OF PUBLIC PROSECUTIONS, WESTERN NIGERIA

(1963) JELR 39969 (SC)    

Supreme Court  ·  F.S.C.118/1963 ·  23 Dec 1963 ·  Nigeria
 · 
Other Citations
(1963) All N.L.R 404
CORAM
LIONEL BRETT Justice of The Supreme Court of Nigeria JOHN IDOWU CONRAD TAYLOR Justice of The Supreme Court of Nigeria BAIRAMIAN Justice of The Supreme Court of Nigeria
Core Terms Beta
high court
section
indictable offence
information
jurisdiction
argument
criminal procedure ordinance
definition
offence
summary conviction offence
summary conviction
mr. ayoola
addition
conviction
criminal code
first offence
second count
western nigeria
chief justice
classes of cases
criminal cases
criminal jurisdiction
criminal proceedings
director of public prosecutions
e. a. ademola
exercise of its summary jurisdiction
federal supreme court
grounds of appeal objects
high court law
high court of western nigeria
judgement of the court
jurisdiction of a court
jurisdiction of the high court of western nigeria
laws of the region
learned trial judge
mere definition
mr. ademola
preliminary investigation
present case
present offence
provisions
provisions of part xxxi
provisions of section
provisions of this ordinance
reed j.
sections
seditious libel

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…

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