ADEMOLA, CJF (delivering the judgement of the Court):- This appeal raises a question of very great importance for Northern Nigeria where the Criminal Procedure Code is in force. The appellant was convicted by the Magistrate of the Jos Magisterial District on a charge of offering or giving gratification to a public servant contrary to section 118 of the Penal Code. He appealed to the High Court and failed. This appeal to this Court is a second appeal and the ground of appeal, as amended, reads::-
"The procedure adopted in the Court below (the Magistrate's Court) for the trial of the appellant contravened the provisions of section 21 (4) of the Constitution of the Federation because the presumption of innocence provided for under that subsection was violated".
Sub-section 21 (4) referred to provides that:-
"Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty:
Provided that nothing in this section shall invalidate any law by reas…