CORAM
ADEMOLA, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
NDOKWU MBEREKPE
APPELLANTS
UDOM ADIKES AND ORS
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW—CASE STATED
SUMMARY OF FACTS
At a private prosecution charges under the Recognition of Chiefs Law, 1960, objections were taken to the charges, and without hearing any evidence on either side the Magistrate discharged the defendant. Acting under s.32 of the Magistrates’ Courts Law, 1955, the Director of Public Prosecutions required the Magistrate to state a case for the opinion of the High Court
HELD
It follows that in this case the order setting aside the Magistrate’s order of discharge and remitting the case to the Magistrate’s Court to be dealt with according to law was made without jurisdiction and was void.
ISSUES
Made an order setting aside the order of discharge and remitting the case to the Magistrate’s Court to be dealt with according to law. (Whether the High Court Judge was empowered to make this order under case stated)
RATIONES DECIDENDI
IMPORTANCE OF CASE STATED
‘Where a case is stated under s.31 of the Magistrates’ Courts Law, that is to say, before the decision of the Magistrate’s Court is pronounced, all that the High Court could appropriately do is to give its opinion on the point of law raised, which is the purpose for which s.31 empowers the Magistrate to state a case.’ Per BRETT F. J.
CASE STATED UNDER THE MAGISTRATES’ COURTS LAW, 1955
‘Section 32 also empowers a Magistrate to state a case “for the opinion of the High Court”, and there are no grounds for drawing a distinction between cases stated under the two sections or for holding that in a case stated under s.32 the High Court has power to do more than give its opinion. Per BRETT F. J.’
CONSEQUENCE OF CASE STATED
‘The consequence is that when a case is stated for the opinion of the High Court under s.32 of the Magistrate’s Courts Law, the High Court is restricted to declaring its opinion on the point of law involved and cannot make any consequential order.’ Per BRETT F. J
CASES CITED
Not Available
STATUTES REFERRED TO
The Magistrates’ Courts Law, 1955
The High Court Law