CORAM

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ADEMOLA, JUSTICE SUPREME COURT

BAIRAMIAN,JUSTICE SUPREME COURT

TAYLOR, JUSTICE SUPREME COURT

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PARTIES

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APPELLANTS

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JAPHET MORDI

RESPONDENTS 

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AREA(S) OF LAW

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CRIMINAL LAW—SENTENCING—APPEAL

 

 

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SUMMARY OF FACTS

The appellants, who were employees of the West African Airways Corporation at Kano, were convicted on summary trial by consent, the first of stealing a box of gold worth about £7,000 from an aeroplane in transit, and the second of receiving the box knowing it to have been stolen. The trial magistrate imposed the longest term he could within his jurisdiction-two years on each. On appeal the Judge dismissed the appeal and increased the sentence.

 

 

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HELD

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The appeals against the order made on 5th August, 1961, by the High Court of the Northern Region in Appeal No. K/43CA/1961 brought by Albert E. Nwobu and Japhet Mordi, who were convicted by the Magistrate Grade 1 in case No. KA/450C/60 on 22nd March, 1961, are disallowed insofar as the appeals relate to the order affirming the conviction, but he appeals are allowed insofar as the order increases the terms of imprisonment for two years on each of the appellants imposed by the Magistrate, and those terms are restored.

 

 

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ISSUES

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Whether the Judge was empowered to increase the sentence beyond the limit the magistrate could impose?

 

 

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RATIONES DECIDENDI

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LIMITATION OF COURT TO INCREASE SENTENCING:

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1.  ‘The power to increase sentence is subject to both limitations-(l) the maximum which the offence carries, and (2) the maximum which the trial magistrate could impose. That seems to have been the view taken over the years during which the provision in section 48 of the High Court Law has been in operation’. Per BAIRAMIAN F. J.

 

 

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CASES CITED

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Not Available

 

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STATUTES REFERRED TO

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The Northern Region High Court Law, 1955

 

 

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