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LOUIS NNAMDI AND ANOTHER
V.
COMMISSIONER OF POLICE
THE WEST AFRICAN COURT OF APPEAL, HOLDEN AT LAGOS, NIGERIA
22ND DAY OF FEBRUARY, 1951
LEX (1951) – XIII WACA 149-150
OTHER CITATION(S)
2PLR/1951/44 (WACA)
(1951) XIII WACA PP. 149-150
BEFORE THEIR LRODSHIPS:
VERITY, C.J., NIGERIA
DE COMARMOND, J.
HALLINAN, J.
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BETWEEN:
1. LOUIS NNAMDI
2. EPHRAIM EZENWAJI – Applicants
AND
COMMISSIONER OF POLICE – Respondent
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ORIGINATING COURT(S)
Application for leave to appeal from Supreme Court, W.A.C.A. CR. APP. 3413
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
NA
PRACTICE AND PROCEDURE ISSUE(S)
APPEAL:- Appeal from Supreme Court exercising its appellate jurisdiction – West African Court of Appeal Rules, 1950, not applicable – Procedure governed by section 8 of the Magistrate’s Courts (Appeals) Ordinance (Cap. 123)
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CASE SUMMARY
The applicants applied for leave to appeal from a decision of the Supreme Court exercising its appellate jurisdiction in regard to convictions in a Magistrate’s Court. The applicants appeared to follow the procedure laid down by the West African Court of Appeal Rules, 1950, for appeals from convictions in the Supreme Court, instead of the procedure provided by section 8 of the Magistrate’s Courts (Appeals) Ordinance (Cap. 123) relating to appeals from a Magistrate’s Court to the Supreme Court and from the Supreme Court to this Court.
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DECISION(S) OF THE WEST AFRICAN COURT OF APPEAL
Held (striking out Application) that:
1. The West African Court of Appeal Rules are not applicable. The procedure is governed by section 8 of the Magistrate’s Court (Appeals) Ordinance.
2. The appropriate procedure had not been followed. There was no appeal before the Court. The applications were, therefore, struck out.
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MAIN JUDGMENT
The following Judgment was delivered:
VERITY, C. J.
The present applications purport to be applications for leave to appeal from convictions in the Supreme Court and appear to follow the procedure laid down for such appeals by the West African Court of Appeal Rules, 1950, the form of the application being that prescribed by those Rules. In point of fact the appeals which the applicants desire to bring to this Court are appeals from a decision of the Supreme Court exercising its appellate jurisdiction in regard to convictions in a Magistrate’s Court.
As was pointed out by this Court in the matter of an application for bail in the case of Commissioner of Police v. ldowu & Others in which the decision of the Court was made known this morning, such appeals and the procedure thereon are not governed by rules of this Court, but by section 8 of the Magistrate’s Courts (Appeals) Ordinance (Cap. 123), which provides that subject to any rule of Court made under the West African Court of Appeal Ordinance (under which no rules have been or can be made) the provisions of the former Ordinance relating to procedure on appeal from a decision of a Magistrate to the Supreme court shall mutatis mutandis apply to an appeal to this Court from a decision of the Supreme Court in its appellate jurisdiction.
It is patent in the present case that the appropriate procedure has not been followed, that there is no appeal before us and that application for leave to appeal in the form brought is not a legitimate method of instituting any such proceedings. The applications are therefore struck out.
We are aware, however, that it has been the practice in the past for such applications to be entertained by this Court, even though brought in the form used in the present case. It does not appear that the question has before been raised. It having been raised and decided in the case to which we have referred above, however, it is necessary that in the future the proper procedure should be followed and no such appeals or applications will or indeed can be entertained unless this has been done.
In view of the fact that the present applications were filed before the decision of this Court in the above case as to the proper procedure was made known, we grant to the applicants an extension of time for a period of thirty days from the date of this order in which they may make an appeal by the proper procedure. It may be desirable to observe that one of the changes in form which it will be necessary to make in applying the provisions of the Ordinance, is that grounds of appeal on matter of law should be separated from those on matter of fact, and that the statement of grounds on the latter should be prefaced by a prayer for leave or a statement indicating that such grounds will be taken only if leave be granted by the Court.
Application struck out.