Oladimeji V. The King (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Failure at close of Prosecution to ask Accused if he had any Witnesses to
call–Trial a Nullity.

Facts

The appellant was convicted of manslaughter. Section 287 of the Criminal Procedure Ordinance (Cap. 43), provides that at the close of the prosecution case the Court shall ask the accused if he has any witnesses to call. The accused was not so asked and appellant’s Counsel argued that this was a fatal irregularity, having regard also to section 288 of the said Code.

Held

Section 287 applies to trials before the Supreme Court, and, read in conjunction with section 288, the effect is that if an accused person is not asked if he has witnesses to call the trial is vitiated. If a trial is vitiated it is of no effect, and is therefore a nullity. The Court therefore ordered the appellant be tried before a Court of competent jurisdiction.

Appeal allowed. Proceedings declared a nullity. Trial ordered.