Rex V. Umukoro Ile (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal conviction in Native Court followed by imprisorogentOrder for re-trial made under section 25 (1) (b) of Native Courts Ordinance—Jurisdiction of High Court to re-try.

Facts

Umukoro Ile was convicted in the Native Court for attempting to steal and was sentenced to six months’ imprisonment. The Senior District Officer on review transferred the case to the High Court for re-trial in accordance with the provisions of section 25 (1) (b) of the Native Courts Ordinance.

Upon case coining before the Assistant Judge he sent it back to the District Officer that he should set aside the verdict and sentence and make a new order. The new order was duly made. The Assistant Judge then tried Umukoro Ile upon the same facts for burglary and sentenced him to four years’ imprisonment with hard labour.

Held

Later statute prevails over an earlier one and Assistant Judge had jurisdiction to re-try ” de 110170 ” and to convict.

Held further that trial Judge had jurisdiction to put accused on trial for any offence disclosed by the facts.