NIGERIAN SUPPLIES MANUFACTURING CO LTD VS N.B.C.
August 29, 2025OBAJINMI KARIMU ALADE VS ATTORNEY-GENERAL (W.N) LADOSU AJADI AND M.L. OJEDELE
August 29, 2025Legalpedia Citation: (1967-02) Legalpedia 66698 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Feb 3, 1967
Suit Number: SC. 276/1966
CORAM
ADEMOLA, CHIEF JUSTICE, NIGERIA
BRETT, JUSTICE, SUPREME COURT
AJEGBO, JUSTICE, SUPREME COURT
COKER, JUSTICE, SUPREME COURT
LEWIS, JUSTICE, SUPREME COURT
PARTIES
ABU BAKARE
APPELLANTS
INSPECTOR GENERAL OF POLICE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW, RAPE, APPEAL
SUMMARY OF FACTS
The High court, in exercise of its powers under the High Court Law, annulled the conviction of attempt to have unlawful carnal knowledge passed by the magistrate and convicted the appellant for rape but retained the sentence.
HELD
The court held that there is nothing in subsection (a) (iii) of the High Court Law which suggests that the court may annul a conviction before altering a finding and that the matter should be retried before another High Court judge.
ISSUES
Whether the High Court can, in exercise of its powers under section 40 (a) (ii) of the High Court law, annul a conviction before altering a finding as done by the lower court.
RATIONES DECIDENDI
POWER OF THE HIGH COURT TO REVIEW A JUDGEMENT OF THE MAGISTRATE COURT.
Where on appeal the High court thinks section 40 (a) (ii) of the High Court law is appropriate, it may either: (a) Quash the conviction and sentence and acquit or discharge the appellant, or order him to be retried by a Court of competent jurisdiction or commit him for trial; or (b) Alter the finding, maintaining the sentence, or, with or without altering the finding, reduce or increase the sentence. Per Ademola C.J.N
POWER OF THE HIGH COURT TO REVIEW A JUDGEMENT OF THE MAGISTRATE COURT
Where on appeal the High court thinks section 40 (a) (ii) of the High Court law is appropriate, it may either:
(a) Quash the conviction and sentence and acquit or discharge the appellant, or order him to be retried by a Court of competent jurisdiction or commit him for trial; or
(b) Alter the finding, maintaining the sentence, or, with or without altering the finding, reduce or increase the sentence.’ Per Ademola C.J.N
CASES CITED
The Commissioner of Police v. Ayiku, 5 W.A.C.A. 89
STATUTES REFERRED TO
The High Court of Lagos Act
