Jacob Adeleye Fagbemi V. Inspector-General Of Police (1955)

LawGlobal Hub Judgment Report – West African Court of Appeal

Summary trial in Magistrate’s Court—election—right to withdraw before plea taken—trial a nullity.

Facts

The appellant elected summary trial before the Chief Magistrate, but no plea was taken on that day, and the case was adjourned. On the case again coming before the Court the appellant, before he was pleaded, stated that he now elected to be tried before the Supreme Court.

The Chief Magistrate ruled that once the appellant had elected summary trial he was bound by his election, and he proceeded with the trial and the appellant was convicted. On appeal the Judge of the Supreme Court upheld the Chief Magistrate’s decision.

Held

The Magistrate ought to have allowed the appellant to withdraw his election since he had not yet pleaded to the charge. The trial was declared a nullity.

Appeal allowed. Proceedings declared a nullity. Trial ordered.