Order of
transfer made after conviction
contra. Ordinance No. 8
of 1938-High Court proceedings a
nullity.
Held: Appeal
allowed, conviction quashed.
C. W.
Reece for Crown
Appellant
not present.
The following
joint judgment was delivered:-
KINGDON, C.J.,
NIGERIA, BUTLER LLOYD AND BAKER,
JJ.
This is an
appeal from the High
Court of the Calabar-Aba
Judicial Division, holden at
Bameuda with Jeffrey's, Acting
Assistant Judge, presiding.
The case came
before the High Court on an
order of transfer made by Dr
Jeffreys in his capacity as a
District Officer under section
25 (1) (c) of the Native
Courts Ordinance (No. 44 of
1933). This order ()f transfer
was made after the Native Court
had convicted the appellant and
sentenced him to a term of
imprisonment. Such an' order
could have been made during the
period after the enactment of
the amending Ordinance No. 16 of
1936 and before the enactment of
the further amending Ordinance
No. 8 of 1938. This last
amending ordinance took out of
the paragraph the words" or
after sentence is passed or
judgment is given," and
thereafter such an order could
not be made. The order of
transfer in this case was made
on the 17th October, 1940, and
it is clear that in making it
the District Officer must either
have overlooked or misunderstood
the effect of the 1938
amendment. The order was, in our
opinion, bad and ineffective to
transfer the case to the High
Court. It follows that all the
proceedings in the High Court
are a nullity and we so declare
them.
The appeal is
allowed, the proceedings in the
High Court are declared to be a
nullity, the conviction in the
High Court is quashed and it is
ordered that the fine paid by
the appellant shall be refunded
to him.
