MAYAKI
V.
REGISTRAR, MAG. CT.

(1990) JELR 79418 (CA)    
Court of Appeal  ·  4 Jan 1990 ·  Nigeria
 · 
Other Citations
Mayaki v. Registrar, Mag. Ct. (1990) 2 NWLR (Pt. 130) 43
CORAM
EPHRAIM OMOROSE IBUKUN AKPATA, J.C.A. (Presided), BOLARINWA OYEGOKE BABALAKIN, J.C.A. (Read the Lead Judgment), FRANCIS OLISA AWOGU. J.C.A.
Core Terms Beta
magistrate
indictable offence
law
charge
section
accused person
appellants
3rd respondent
criminal procedure law
laws of lagos state
summary trial
main issue
maximum penalty
maximum sentence
above named 2nd respondent
capital offence
charge no. f
commissioner of police v
honourable court
lagos state
legal authorities
order of certiorari
order of prohibition
2nd respondent magistrate
better chance
brief of argument
criminal charge no. f
criminal code law of lagos state
following issues
following orders
further trial of the case
indictable offence part
inspector general of police
inspector-general of police
judicial officer
lagos high court
lead judgment
learned magistrate grade
learned trial judge
legislative power
magistrate court
magistrate of her grade
offence of attempt
parcel of the criminal jurisdiction of a magistrate
particular sections
provisions of appropriate laws
relevant provisions of the aforementioned law
totality of the submissions of the learned counsel

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…

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