–
REX
V.
DOSUMU FAGBAYI
WEST AFRICAN COURT OF APPEAL HOLDEN AT LAGOS, NIGERIA
31ST DAY OF OCTOBER, 1938
2PLR/1938/59 (WACA)
OTHER CITATION(S)
2PLR/1938/59 (WACA)
(1938) IV WACA P. 143
LEX (1938) – IV WACA P. 143
BEFORE THEIR LORDSHIPS
DONALD KINGDON, C.J., NIGERIA
PETRIDES, C.J., GOLD COAST (GHANA)
WEBB, C.J., SIERA LEONE
–
BETWEEN:
REX — Respondent
AND
DOSUMU FAGBAYI — Appellant
–
ORIGINATING COURT(S)
APPEAL FROM CONVICTION BY HIGH COURT, IBADAN JUDICIAL DIVISION
–
REPRESENTATION
A. Soetan — for Appellant
C. N. S. Pollard — for Crown
–
ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE – PROOF OF CRIME:- Summary trial at very short notice when the appellant had already been informed that the preliminary investigation before the Magistrate was adjourned till a later date—Absence of the appellant’s witnesses and some of the prosecution witnesses — Legal effect
–
DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held.
The appellant did not get a fair trial due to a summary trial leading to conviction without adequate notice amounting to a form of legal process by which substantial and grave injustice has been done.
Appeal allowed.
–
–
MAIN JUDGMENT
The following joint judgment was delivered:
KINGDON, C.J., NIGERIA, PETRIDES, C.J., GOLD COAST AND WEBB, C.J., SIERRA LEONE.
In this case the appellant was brought before the Judge of the High Court, in the Ibadan Division, for summary trial at very short notice when the appellant had already been informed that the preliminary investigation before the Magistrate was adjourned till a later date. As a result the appellant’s witnesses were not available and the same applies even to some of the prosecution witnesses.
We are of opinion that as a result the appellant did not get a fair trial. There has been disclosed, in the words of Lord Watson in in re Dillet (12 App. Cases 459), “a disregard of the form of legal process by which substantial and grave injustice has been done.”
The appeal is accordingly allowed, the conviction and sentence are quashed and it is ordered that a judgment and verdict of acquittal be entered.
The appellant is discharged.