REX V. OTIO ENWA

KINGDON, C.J., NIGERIA, BAKER AND BROOKE, JJ., NIGERIA. The accused was tried on the 21st May, 1943, with the offence of rape.

During the trial the learned Trial Judge discovered that the accused had been tried on the same facts by the Native Court of Okum with adultery, found guilty and sentenced to six months imprisonment. He proceeded with the trial and convicted the accused of rape and sentenced him to five years’ imprisonment.

The learned Trial Judge now asks us to determine whether he had jurisdiction to try and convict the accused of the felony of rape.

Now section 16 of the Criminal Code prescribes that a person cannot be twice punished either under the provisions of the Code or under the provisions of any other law for the same act or Omission.

The trial before the Native Court whatever the offence might be called there was for the same act and he has been punished for it.

Accordingly we answer the question submitted to us in the negative.