OTUMFUO NANA OSEI AGYEMAN PREMPEH II ..
1936
WEST AFRICAN COURT OF APPEAL
Nigeria
CORAM
- COR. KINGDON PETRIDES WEBBER C.J J
Areas of Law
- Criminal Law and Procedure
1936
WEST AFRICAN COURT OF APPEAL
Nigeria
CORAM
AI Generated Summary
This appeal, styled Otumfuo Nana Osei Agyeman Prempeh II v. Agyeman & Ors., concerned the summary trial and conviction of Agyeman and others by a Supreme Court judge at Kumasi under section 12(1) of the Ashanti Native Authority Ordinance, 1935. The judge proceeded summarily after overruling a jurisdictional objection, convicting each appellant on two counts and imposing concurrent terms of imprisonment. On appeal to the Gold Coast Appeal Court on 13 November 1936, Kingdon, C.J., held that a Supreme Court judges summary jurisdiction under section 149 of the Criminal Procedure Code extends only to offences triable summarily by magistrates under section 43 of the Courts Ordinance. Because section 12(1) authorizes both fine and imprisonment, the offences were not summarily triable. The Court rejected reliance on section 178 to expand jurisdiction, allowed the appeals, quashed all convictions, and directed entry of a judgment and verdict of acquittal pursuant to Ordinance 11/35 section 10(2).
The following judgment was delivered :-
KINGDON, C.J., NIGERIA.
In this case the appellants were brought before a Judge of the Supreme Court at Kumasi upon a summons, and their case was dealt with summarily by the Judge after he had considered and overruled an objection to his jurisdiction taken on their behalf. They were each charged with two offences contrary to section 12 (1) of the Native Authority Ordinance, 1935, of Ashanti (No.1 of 1935); they were all convicted of both offences and were sentenced, the first three to imprisonment with hard labour for six months on each charge and the fourth to imprisonment with hard labour for three months on each charge, all sentences to run concurrently.
Section 12 of the Ordinance in question reads as follows :-
.• 12. (I) Any person who conspires against or in any manner attempts to undermine the lawful power and authority of any native authority shall be guilty of an offence and shall be liable on conviction thereof to a fine not exceeding one hundred pounds or to imprisonment with or without hard. labour for one year, or to both such fine and imprisonment and shall be liable to be removed from Ashanti or into any part of Ashanti outside the area of such native authority's jurisdiction .
.. (2) No order of removal made under this section shall be enforced until confirmed by the Governor who may vary it before confirming it .
.• (3) Except in so far as the Governor may by order otherwise direct, no proceedings shall be taken for an offence against this section without the consent of the Governor.
Appeal Court. 13 Nov., 1936.
Appeal from Summary Convictions by Supreme Court.
Otumfuo
N ana Osei Agyeman Prempeh II
v.
Agyeman & Ors.
Kingdon, C.J.
Otumfuo Nana Osei Agyeman Prempeh II v. Agyeman 0- Ors.
•• (4) Except with the permission of the Governor no Native Court at no District Commissioner's Court shall have jurisdiction to try an offen, against this section."
The consent of the Governor was duly given to proceedings bein taken under sub-section (3), but there was no pennission grante under sub-section (4).
Upon appeal to this Court objection has again been raised to th jurisdiction of the trial Judge, and the first point we have to decid is whether or not he had jurisdiction to try these offences sum marily.
The summary jurisdiction of a Judge of the Supreme Court iJ criminal matters is laid down in section 149 of the Criminal Pro cedure Code in the following tenns:-
•• 149. Every Judge shal