Okon Akpan Una V. Inspector-general Of Police (1955)

Acquittal and discharge—Section 284 of the Criminal Procedure Ordinance.

Facts

This was a criminal charge before the Magistrate. The prosecution applied for an adjournment to obtain further evidence. The Magistrate refused the adjournment and then, on the Police not proceeding, acquitted the appellant.

The plea of the appellant was taken but no evidence was called. The prosecution appealed to a Judge of the Supreme Court, who held that the order of acquittal was wrong and ordered a trial before another Magistrate.

Held

It is improper to acquit an accused person when the charge has not been withdrawn under section 284 of the Criminal Procedure Ordinance or when no evidence has been heard.

Appeal dismissed.