Commissioner Of Police V. Samuel Lagos (1942)
LawGlobal Hub Judgment Report – West African Court of Appeal
Criminal Appeal—ProcedureSectum, 315 of Chapter 14—Distinction between objection to •arisdiction and • to ‘matter of – procedure—Retrial.
Facts
The appeal- was not made in the form of a petition as required by section 315 of the Criminal Procedure Ordinance, Chapter 10.
Held
The objection may be in limine, i.e., going to jurisdiction in which event it is fatal, or may be matter of procedure or a mere technicility in which case the objection is not fatal and it is within the power and the duty of the Court to do substantial ‘justice. Appellant given an opportunity to amend the form.
Further held, that under section 319 (1) (a) (m) of the Criminal Procedure Ordinance, the Court has power to order a re-trial after reversing the finding and sentence.
