Just Decided Cases

CIGARI SHEHU VS J. B. OGEDENGBE

Legalpedia Citation: (2022-02) Legalpedia 28635 (CA)

In the Court of Appeal

HOLDEN AT LAGOS

Mon Dec 19, 1960

Suit Number: SC 101/1960

CORAM


ADEMOLA, JUSTICE SUPREME COURT

BRETT, JUSTICE SUPREME COURT

HUBBARD, JUSTICE SUPREME COURT


PARTIES


APPELLANTS


J. B. OGEDENGBE

RESPONDENTS 


AREA(S) OF LAW


ASSAULT- CRIMINAL  LAW  AND PROCEDURE- BIAS-EVIDENCE-COURT.

 


SUMMARY OF FACTS

The appellant was convicted for assault by a magistrate who condemned the appellant and the police in strong terms.

 


HELD


The court held that the decision of the magistrate was supported by the evidence before it and that the use of language did not occasion miscarriage of justice.

 

 


ISSUES


Whether the conviction of the appellant is justified in view of the evidence before the court and whether the magistrate was biased against the appellant.

 

 


RATIONES DECIDENDI


WHEN A JUDGE WILL BE DEEMED TO BE BIASED


‘Whilst deprecating the tone and language used before passing sentence, we do not think that they reveal any bias or unfairness in the conduct of the trial or in the consideration of the evidence before conviction.’ Per Bairamian F.J

 

 

 


CASES CITED


Not Available

 


STATUTES REFERRED TO


Not Available

 


CLICK HERE TO READ FULL JUDGMENT

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