BRETT, FJ(Delivering the Lead Ruling): The applicant was tried and convicted in the High Court of Lagos on charges under Sections 390 and 435 of the Criminal Code. He appealed against his conviction and applied unsuccessfully for leave to adduce additional evidence in this court. The judgment of this court dismissing his appeal was delivered on the 9th January, 1961, and on the 12th April, 1961 he filed notice of the motion which we are now considering.
In it he asks the court to order a retrial on the grounds set out in his affidavit, which amount in effect to this, that at his trial his defence was never properly put to the High Court. He does not, for the purpose of this application, allege any misconduct on the part of the counsel who appeared for him in the High Court and on the hearing of his appeal in this court, but he says that his counsel was aware of and failed to adduce certain documentary evidence which tended strongly to show his innocence, and that this failure has led …