LEWIS, J.S.C.
On the 23rd of May, 1967 the Chief Alkali in the Maiduguri “A” Limited Native Court convicted the appellant of rape contrary to section 282(t)(e) of the Penal Code and sentenced him to a fine of £20. Section 283 lays down that (whoever commits) rape “shall be punished with imprisonment for life or for any less term and shall also be liable to fine.” On the 17th of August, 1967 an Inspector of Native Courts reported the case to the High Court giving as his reasons “sentence does not fit the crime as provided for in the Penal Code”, and he did so by virtue of the powers conferred on him by section 52(1) of the Native Courts Law (cap. 78 of the Laws of Northern Nigeria 1963) which reads-
“52 (1) Subject to the provisions of section 47, every inspector, if in his opinion, there has been a miscarriage of justice in any case before a native court to which he has access under the provisions of section 49, may of his own motion or in his absolute discretion on the application of …