Rex V. Amida Gbadamosi & Ors (1940)

LawGlobal Hub Judgment Report – West African Court of Appeal

Fresh evidence—formal application not filed but application heard on merits.

Held : (I) That the neglect to make the application is not a mere formality sad nature of further evidence was not fully disclosed.

(2) To grant it might leave the door open to an accused to demand that Court of Appeal instead of trial Court should try him. Application refused.

C. N. S. Pollard for Crown.

Sir W. Geary (with him A. Soetan) for 3rd Appellant. A. Soetan (alone) for 1st, 2nd, 5th and 6th Appellants. J. E. C. David for 4th Appellant.

The following order was given :KINGDON, C.J., NIGERIA.

Although formal application, in the prescribed form, to call fresh evidence has not been filed, the Court as an act of indulgence has allowed that application to be made on behalf of the 3rd appellant; and has considered it on its merits. The neglect, however, to make the application in proper form is not a mere formality, for up to the present moment the appellant has not illi1V rii;AIICk^–-ed the nature of the evidence he wishes to give.

It would form a most dangerous precedent to grant this application ; it would leave the door open to any accused who wished to be obstructive to stand mute at his trial and then to demand that the Court of Appeal, instead of the trial Court should try him.

If there were irregularities at the trial, that is a different matter. It is raised in the grounds of appeal and will be considered in due course.

The application to call fresh evidence is refused.