BABALAKIN, J.C.A. (Delivering the Lead Judgment): The main issue that calls for decision in this appeal is whether or not a Magistrate who has no power to impose the maximum penalty provided by law for an indictable offence can have jurisdiction to adjudicate on a charge relating to that offence under the Criminal Procedure Law, Cap. 32 Laws of Lagos State 1973.
The facts that led to this appeal are as follows: -
On 20th July, 1988 the 3rd Respondent accused person was charged before the 2nd Respondent Magistrate in Charge No. F/124/88 for the offence of attempt to commit felony, to wit murder, contrary to section 509 of the Criminal Code Law of Lagos State.
The 3rd Respondent pleaded not guilty to the charge and elected summary trial.
The 3rd Respondent was there and then released on bail and further trial of the case was adjourned till 31/8/88.
Thereafter the Appellants who were the complainants in the charge before the Magistrate Court applied to the Lagos High Court for an order of cer…