Akabeze Adinna & Eleven Others V. Chief Conservator Of Forests (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Accused person charged jointly—Circumstances in which separate trials should be ordered—Misjoinder of charges.

Facts

The appellants were convicted by a Magistrate of encroaching upon a Forest Reserve. A number of other persons also charged were acquitted. On appeal to the Supreme Court four of the sixteen persons convicted were acquitted.

On appeal to this Court Counsel for the appellant argued that separate trials should have been ordered and that there had also been a misjoinder of persons. As to misjoinder the Supreme Court had held there had been a misjoinder of persons. At the original trial no application had been made for separate trials.

Held

An application for separate trials should always be made at the outset of the trial, as unless this is done the trial Court is not enabled to exercise the judicial discretion vested in it. In any event, the joint trial had occasioned no miscarriage of justice, and that the Magistrate had not lumped the evidence against the various persons was indicated by the fact that he acquitted a large proportion.

The Supreme Court was wrong in holding that there was a misjoinder of persons. The appellants were members of a community who encroached upon the Reserve, and although they did different acts the encroachment was the result of all those acts jointly and they were rightly joined in one indictment.

Appeal dismissed.