S. O. AJANAKU V. COMMISSIONER OF POLICE

G. S. SOWEMIMO, J.S.C (Delivering the Leading Judgment): This matter came before us on a notice of application for leave to appeal to this Court under Section 117(4) of the Constitution (Amendment) (No.2) Decree 1976, No. 42 of 1976, which came into effect on 1st October 1976. This section applies because the appeal was from a conviction on certain criminal charges which originated from the Chief Magistrates' Court, Lagos, went on appeal to the Lagos State High Court and later the Federal Court of Appeal, Lagos. This application relates to a criminal proceeding and we think it apt to set out the relevant provisions of the law i.e. Section 117 sub-sections (4) and (5) of the Constitution as amended by the Constitution (Amendment) (No.2) Decree 1976, No. 42 of 1976, and section 31 of the Federal Court of Appeal Decree 1976, No. 43 of 1976. Both decrees came into force on 1st October 1976.

"(4) Without prejudice to the foregoing provisions of this section an appeal shall lie to the Supre…