Daniel Isaac Umodu V. Commissioner Of Police (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Consolidation of Criminal Appeals before Supreme Court—No power to consolidate Criminal Appeals—Effect of illegal consolidation.

Facts

The appellant appealed to the Supreme Court against a conviction of possession of a seditious publication. At the request of Counsel for the appellant the Supreme Court consolidated the appeal with three others of a similar character.

On the appeal before this Court Crown Counsel argued that this procedure was irregular, as the law only provides for consolidation of civil cases under the Rules of Court which do not apply to criminal cases.

Held

The power to consolidate civil actions is derived from Order II, rule 7, of the Rules of Court, but Order I, rule 2, specifically states that the Rules of Court shall apply only to civil cases, except in so far as they may be applied to criminal causes by rules made under any Ordinance. There are no such rules about the consolidation of -criminal proceedings.

The procedure adopted by the Supreme Court offends against the fundamental principle that an accused person is to be tried upon the evidence adduced in the proceedings against him. The hearing of the appeal in the Supreme Court was a nullity and the parties were therefore in the same position as though that appeal had not been heard.

Proceedings in Supreme Court declared a nullity.