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Albert Amadi Uzukwu v. The Queen

(1963) JELR 41946 (SC)

Supreme Court  •  F.S.C.77/1963  •  9 Aug 1963  •  Nigeria

Coram
LIONEL BRETT JSC; DE LESTANG JSC; QUASHIE-IDUN JSC;

Judgement

BREIT, Ag. C.J.F. (delivering the judgment of the Court): The appellant was tried and convicted in the High Court of Eastern Nigeria on a charge of stealing the sum of #995'9710.5d contrary to section 390 (5) of the Criminal Code. After being committed for trial by the magistrate he had been released on bail, and when his case came up for trial in the High Court he first pleaded not guilty, and then applied for an adjournment to enable him to instruct counsel, on the ground that he had only received the notice of trial two days previously. Section 349 of the Criminal Procedure Ordinance lays down that unless the court, for good cause, orders otherwise an accused person shall receive at least three days notice of the date of his trial in the High Court, and contains provisions for the case where an accused person has been admitted to bail and cannot readily be found, by enabling the notice to be left with someone of his household or with one of his bail, or to be affixed to the door of…

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