Emmanuel Oyefolu & Others V. The King (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Visit by Court of locus in quo in the absence of the accused-Irregularity—
Irregularity falal if it might amount to a substantial miscarriage of justice.

Facts

The Court visited the locus in quo attended by Counsel, but the accused persons were absent during the whole of the visit.

Counsel for the Crown conceded
that there was an irregularity, as the visit formed part of the trial and the
accused persons should be present throughout.

Such an irregularity is not
fatal unless the Court is satisfied that it might amount to a substantial mis-
carriage of justice.

One issue at the trial was the opportunity of the appellant
to commit the offence, and the Court considered the premises should be inspected to decide the issue.

Furthermore, at this inspection certain statements were
made by a witness for the prosecution.

Held

If the visit to the locus in quo was necessary, then the statements made
thereat were material and must have affected the mind of the trial Judge and a substantial miscarriage of justice might have arisen. The conviction was
quashed.

Appeal allowed.