THE STATE
V.
I.O. FALADE & 4 OTHERS

.

Bate, S.P.J.:-The applicants have applied for an order of certiorari to remove into the High Court proceedings between themselves and the State in the court of a Magistrate Grade III. The record shows that they were convicted of criminal trespass contrary to s. 343 and punishable under s. 349 of the Penal Code. The sentence is recorded as follows: "All accused persons are given two weeks to quit failing which they are fined £20 each and to be ejected by the Police."

The first ground upon which the application is argued is that the Magistrate had no jurisdiction. It is said that he was in fact dealing with a civil matter, that is, the recovery of premises, and that his jurisdiction is confined to the trial of criminal cases. For the respondent it was contended that the Magistrate had jurisdiction to try the offence of criminal house trespass and that is what the Magistrate had done. Reliance was placed on the decision of the High Court of Western Nigeria in B. Ayinde v. Iwo District Gr…