BODE RHODES-VIVOUR, J.S.C. (Delivering the leading judgment): The proceedings from which this appeal arose commenced in an Abia State Customary court presided over by three lay members. In that court the charge against the respondent read:
That you Kalu James of Obiene Ututu in the Customary Court District of Ore - said (sic) being a taxable adult did fail to pay the sum of N400 being levy and present (sic) imposed on taxable adults (male and female) in Ututu Community for settlement of refugees displaced from their homes and thereby committed an offence punishable under section 14 (third schedule) column B, line 6 of the Customary Court (Amendment) Edict No 10 of 1986.
The accused person/respondent pleaded not guilty. After a trial he was sentenced to two weeks imprisonment or in the alternative to pay a fine of N50 (fifty naira). In addition, the court ordered the respondent to pay the sum of N400 levy to the chairman, Ututu Development Union.
The High Court sitting at Ohafia, in Ab…