Appolus Akwu V. Commissioner Of Police (1952)

LawGlobal Hub Judgment Report – West Africa Court of Appeal

Magistrates’ Courts Ordinance, sections 20 and 21—Jurisdiction ofMagistrate, Grade III, in criminal cases.

Sections 20 and 21 of the Magistrates’ Courts Ordinance read as follows:—
“ 20. Subject to the provisions of this and of any other Ordinance, or Law, a magistrate of the first grade shall have full jurisdiction in criminal causes and power as hereinafter set forth:—

“(1) For the summary trial and determination of criminal cases as follows:—
“(a) where any person is charged with committing an offence or with doing any act or with omitting to do any act required by law, the commission or omission of which is in any case punishable either by fine not exceeding two hundred pounds or by imprisonment not exceeding two years or by both; power to impose the punishment
specified by law;

“(b) (i) where any person is charged with committing an offence or with doing any act or with omitting to do any act required by law, the commission or omission of which isstated by the enactment declaring such to be both an offence and to be one punishable or triable or liable to be dealt with on summary conviction or summarily or in a summary manner; power to award the maximum sentence of imprisonment and to order the payment of the maximum fine or penalty or forfeiture provided by such enactment or both such imprisonment and such fine or penalty or forfeiture where by law both may be imposed;

“(ii) where any enactment provides that an order for the payment of money may be made on summary conviction or summarily or in a summary manner in respect of any act or omission; power to order the payment of the sum which may be ordered
according to the provisions of the enactment providing for the making of the order;

‘(c) where any person is charged with committing an offence or with doing any act or with omitting to do any act required by law, the commission or omission of which is an offence, not stated to be triable on summary conviction or summarily or in a summary manner and is stated by the enactment declaring such to be an offence that is punishable either by a fine exceeding two hundred pounds or by imprisonment exceeding two years or both, but taking into account the circumstances of the particular offence with which such person is charged and the character and antecedents of the accused himself the court is of opinion that the charge then before the court appears to be one of such a nature that, if proved, it would be adequately punished by any of the following punishments:—

“(i) imprisonment for not more than two years;
” (ii) a fine not exceeding two hundred pounds, such fine to be enforced in default of payment by distress or by imprisonment for not more than two years;
“(iii) in each of the above cases with or without whipping and any additional or alternative punishment in respect of offences for which such punishment may legally be inflicted;

“(iv) any lesser penalty or order which a magistrate in the exercise of his summary jurisdiction may impose or make, power to impose such punishment;

“Provided that the person so charged, if the magistrate decides to proceed in accordance with sub-section (1) (c) shall be informed by the magistrate before any evidence is taken of his right to be tried in the Supreme Court and such person consents to be tried by the magistrate:

“Provided further that if the magistrate shall not so inform the person charged the trial shall be null and void ab initio unless the person charged consents at any time before being called upon to make his defence to being tried by the magistrate, in which case the trial shall proceed as if the person charged had consented to being tried by the magistrate before the magistrate proceeded to hear evidence in the case;

” (2) To receive and inquire into all charges of indictable offences, and to make such orders in respect thereof as may be required by the provisions of any Ordinance or Law for the time being in force in relation to procedure in respect of indictable offences.

” 21. Subject to the provisions of this and of any other Ordinance or Law the jurisdiction and powers of magistrates of the second and third grades in criminal causes shall be as follows:—

“(a) magistrates of the second grade: all those set out in section 20, save that the maximum fine of not exceeding two hundred pounds and the maximum period of imprisonment of not exceeding two years mentioned in that section shall be replaced by a sum of not exceeding one hundred pounds and a period of not exceeding one year and such limitation shall extend to any cause or matter whether or not the offence be one declared to be punishable or triable or liable to be dealt with on summary conviction or summarily or in a summary manner;

“(d) magistrates of the third grade: all those set out in paragraph (a) herein save that the maximum fine and the maximum period of imprisonment shall in no cause exceed a sum of twenty-five pounds or a period of three months* imprisonment respectively.”

This was a Case Stated (W.A.C.A. No. 3782) and the effect of it is that a Magistrate, Grade III, can try an offence punishable up to £200 fine or two years’ imprisonment or both, without the defendant’s consent, but can only impose a fine up to £25 or imprisonment up to three months. With the defendant’s consent, he can try an .offence punishable with more than £200 or two years but, again, he can only impose up to £25 or up to three months at most.

Held

It follows, therefore, that our answer to the question asked is in the negative.

Question answered on the case stated, In the negative