TAIWO AOKO V. ADEYEYE FAGBEMI DIRECTOR OF PUBLIC PROSECUTIONS

FATAYI-WILLIAMS, J.: This is an application for an order quashing the conviction entered against the above—named applicant by the Ijebu-Ijesha Grade “D” Customary Court on the 21st day of February, 1961. The applicant has also asked that all consequential orders based upon the said conviction be set aside and that the sums of money paid by her in compliance with the Court’s order be refunded to her.

Briefly, the grounds on which the application is based are as follows—

On 24th January, 1961, the applicant was charged before the Ijebu-Ijesha Grade ‘D’ Customary Court with the following offence:

"Committing adultery by living with another man without judicial separation."

She pleaded guilty to the charge but for some obscure reason the Court decided to hear the evidence of both the 1st respondent, who was the complainant, and the applicant. After hearing evidence from both sides, the Court made the following order:

"Case adjourned till 31-1-61 for proper investigation about this matter befor…