Thomas Ade Odiwu & Anor V. Commissioner Of Police (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Application for bail an application for leave to appeal against decision of
Supreme Court in its appellate jurisdiction—West African Court of Appeal Rules, 1950, not applicable—Procedure governed by section 8 of the Magistrate’s Courts (Appeals) Ordinance (Cap. 123)—Right of applicant to bail.

Facts

This was an application for bail in a case in which the applicants sought leave to appeal to this Court from a decision of the Supreme Court in its appellate jurisdiction affirming a conviction in the Magistrate’s Court. The applicants applied under Rule 59 of the West African Court of Appeal Rules, 1950, instead of the procedure provided by section 8 of the Magistrate’s Courts (Appeals) Ordinance, relating to appeals from a Magistrate’s Court to the Supreme Court and from the Supreme Court to this Court. Counsel for the applicant also submitted that the combined effect of sections 8, 24 and 26 of the Magistrate’s Courts (Appeals) Ordinance was that the applicants were entitled as of right to bail.

Held

The West African Court of Appeal Rules are not applicable. The procedure relating to such appeals is governed by section 8 of the Magistrate’s Courts (Appeals) Ordinance. There was, therefore, no appeal before this Court and, in any event, if there had been an appeal before this Court it could not consider the question of bail. If an appeal had been properly entered the procedure applicable imposes upon the Judge of the Supreme Court the duty of releasing the applicant on bail.

Application dismissed.