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A. O. Ejoh v. Inspector-General of Police

(1963) JELR 33688 (SC)

Supreme Court  •  F.S.C.417/1962  •  26 Jun 1963  •  Nigeria

Coram
ADEMOLA ADETOKUNBO C.J.N JSC; LIONEL BRETT JSC; BAIRAMIAN JSC;

Judgement

BAIRAMIAN, FJ:-(delivering the judgement of the Court): This is a Case Stated for the opinion of the Court by Onyeama, J. in the criminal appeal No. 63 CNI962 of the Lagos High Court. The learned Judge states that the appellant was charged with an offence under section 125A (1) of the Criminal Code, which provides for a term of twelve months but does not declare that the offence is punishable upon summary conviction; that he was tried and convicted by a magistrate, grade I, who did not obtain his consent for summary trial; that he, the judge, was of the opinion that:-

"Any offence not stated to be punishable on summary conviction or which fell within either of paragraphs (a) and (b) of the definition of an "indictable offence" in the Criminal Procedure Ordinance was an indictable offence and adjourned a decision on the point ;"

and that the questions of law for the opinion of the Federal Supreme Court are:

"1. Whether I formed a correct opinion in my interpretation of the definition o…

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