Mallam Beti Runka V. Katsina Native Authority (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Conviction of murder in Native Court—Constitution of the Court changed
during trial—One member did not hear whole evidence—Conviction quashed.

Facts

The appellant was convicted of murder by the Native Court of the Emir of Katsina. He appealed to the Supreme Court but his appeal was dismissed.
The trial commenced on the 9th November, 1949, before the Emir’s Court, constituted by three members who did not include the Emir himself.

Later the Emir returned and from the 9th December onwards he presided over the Court. Prior to the 9th December a number of prosecution witnesses had been called and also the appellant. All the witnesses, except one, were re-called, but none gave their evidence again and were only asked a few questions. The appellant was not re-called. Apart from this irregularity the evidence accepted by the Court was inconsistent with the charge.

The main issue on this appeal was whether the proceedings were so irregularly conducted as not to amount to a proper trial.

Held

It is essential that all the members of the Court which gives the judgment in a criminal case should have heard all the evidence. The conviction was quashed. The Court followed the decision of Paul, J., in Egba N.A. v. A. L. Adeyanju (4), declaring that even if such procedure were in accordance with native law and custom it could not be upheld as it was repugnant to nature, justice, good conscience and equity.

Appeal allowed.