Thomas Archibongi & Anor V. Commissioner Of Police (1946)

LawGlobal Hub Judgment Report – West African Court of Appeal

Joinder of offenders—Magistrates Courts Ordinance, section 20 (1)and Criminal
Procedure Ordinance, section 304 (3) not complied with regarding one offender—Practice.

Facts

After the opening of the trial of one accused on a charge of larceny, another accused was joined on a charge of receiving. This second accused was not informed of his right to be tried by the Supreme Court, and was not asked for, and did not give, his consent to be tried by the Magistrate.

Held

The trial of the second accused was, by virtue of section 20 (1) of the Magistrates Courts Ordinance and section 304 (3) of the Criminal Procedure Ordinance, void ab initio and a nullity, and, as the two men were tried together, the trial of the first accused was also bad and the.convictions must be quashed.

Per curiam: That to bring a joinder of two offenders within section 155 of the Criminal Procedure Ordinance, an application to join should be made before the issue is joined against either of them.

Appeals from the Supreme Court of Nigeria (Appellate jurisdiction).

Appeals allowed.