A.C. ABUAH VS LEGAL PRACTITIONERS COMMITTEE
September 5, 2025AKINOLA ADARAMAJA VS CATHERINE ADARAMAJA
September 5, 2025Legalpedia Citation: (1962-04) Legalpedia 50740 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Sat Apr 28, 1962
Suit Number: SC 150/1962
CORAM
ADEMOLA, JUSTICE SUPREME COURT
DE LESTANG, JUSTICE SUPREME CPORT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
COMMISSIONER OF POLICE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-APPLICABLE STATUTES—JOINDER OF CHARGES—NULLITY OF TRIAL
SUMMARY OF FACTS
The accused/appellant was tried and found guilty of unlawful grievous harm and disorderly conducted and accordingly sentenced.
HELD
There has been no appeal on the facts nor has learned Counsel argued that substantial justice was not done in the court of trial. In our view there is no substance in the appeal and it is dismissed accordingly.
ISSUES
That the trial in the Customary Court is a nullity because there is no express provision in the Customary Court rules for the joinder of offences.
That trial and convictions are nullities because the Customary Courts have their own rules and therefore they have no jurisdiction to try unrelated offences jointly.
RATIONES DECIDENDI
DUTY OF COURTS TO DO SUBSTANTIVE JUSTICE
The major consideration was the dispensation of substantial justice. Now, with the supersession of these Courts by the Customary Courts and the limitation of their powers or jurisdiction both in civil and criminal matters, part of the law still to be administered is Customary Law, and we are of the view that the absence of any mention of the Common Law in s.19 is an answer to the arguments of learned Counsel in this appeal. Per TAYLOR F.J.
DUTY OF COURTS TO DO SUBSTANTIVE JUSTICE
No proceedings in a Customary Court and no summons, warrant, process, order or decree issued or made thereby, shall be varied or declared void upon appeal solely by reason of any defect in procedure or want of form but every Court exercising powers of appeal under this law shall decide all matters according to substantial justice without undue regard to technicalities. Per TAYLOR F.J.
CASES CITED
Karimu Salisu v. Superintendent of Police, (1960) W.N.L.R., Part IV, page 213
Ganiyu & 3 Ors v. Superintendent General of Police (1959) W.N.L.R., Part IV, 307
STATUTES REFERRED TO
The Criminal Procedure Ordinance
The Customary Courts Law, 1957
