COMMISSIONER OF POLICE V.EDEDEY
V.

(1963) JELR 40265 (SC)    

Supreme Court  ·  E.S.C.291/1963 ·  23 Dec 1963 ·  Nigeria
 · 
Other Citations
(1963) All N.L.R 110
CORAM
ADEMOLA ADETOKUNBO 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
prosecutor
section
appeal
law
acquittal
accused person
magistrate
order of dismissal
person
respondent
commissioner of police
dismissal
ground
second appeal
absurd situation
account of the preceding sections
appeal court
appeals
chief m. e. r. okorodudu
convicted person
court of further appeal
criminal appeals
criminal case
decision of the appeal court
exceptions
fact
grievance
grounds
interpretation
laws of western nigeria
leave of the court of further appeal
magistrates
meaning of section
opening words
opinion
preliminary objection fails
question turns
reasons
right of appeal
rival contentions
ruling of the court
sentence
situation
subsections
substance
such acquittal
supreme court
supreme court of nigeria

BAIRAMIAN, J.S.C. (delivering the reasons for the ruling of the Court):- When this appeal came up on the 1st November, the respondent objected that it could not be heard on the ground that the Commissioner of Police has no right to appeal, or that he could not appeal without leave. What happened was this: the Magistrate convicted the respondent, but on appeal the High Court acquitted him; and the Commissioner of Police has appealed against the acquittal on grounds alleging error in law.

The question turns on the meaning of section 69 of the Magistrates' Courts Law, cap. 74 in the 1959 Laws of Western Nigeria, which provides that:-

"( 1) Any person aggrieved by a decision of the appeal court [viz the High Court] in a criminal case may appeal to the court of further Appeal [viz the Supreme Court of Nigeria] on a matter of law but not of fact or of sentence save with the leave of the court of further appeal."

(The other subsections are on procedure and powers).

The rival contentions are …

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