HURLEY, C.J., N.R. (Delivering the Judgment of the Court)
The appellant was tried in the Magistrate’s Court, Sapele, of stealing £5, the property of Eruana Onator and also of another offence. On appeal to the High Court, he was acquitted of the second offence, but the conviction for stealing was affirmed. He now appeals to this Court.
In his judgment, the learned trial magistrate said:-
In support of the charge, Prosecution called ten witnesses and their evidence may be summarised as follows:- That the accused was the president of a ’court’ known as “Umukoko Court” and that the Court was constituted by the president and eleven members. That on the 21st day of February, 1960, 3rd prosecution witness was summoned to the court holden at Amukpe.
That at that sitting of the court, the accused acted as the president of the said court and in that capacity adjudicated in a suit brought by Michael Owhojero - 3rd defence witness against 3rd prosecution witness. The action was for the recovery of a …