ALPHONSUS ORUCHE V. COMMISSIONER OF POLICE, NORTHERN REGION

BAIRAMIAN, F.J. (delivering the judgement of the Court): The appellant complains of the decision of the High Court, Northern Region, given on 6th December, 1961, in his appeal from the Magistrate, who convicted him of dishonestly converting, in June 1960, #900 which the Tiv Native Authority had entrusted to him to pay the U.A.C. The charge was laid as a criminal breach of trust contrary to section 312 of the Penal Code, which, however, did not come into force until 30th September, 1960. That fact was overlooked when the appellant was brought before the Magistrate in February, 1961. In the High Court both sides agreed that it was wrong to charge the appellant under the Penal Code, but his counsel argued that as he had been in custody since 21st August, 1961, serving the sentence imposed by the Magistrate, it was not a case for an order for retrial. The High Court observed that in practice account was taken of the period spent in custody upon conviction after retrial, and as there was a…