REX v. IVAN HUMPHREY DIXON

Chief Justices Kingdon (Nigeria), Petrides (Gold Coast), and Webb (Sierra Leone) delivered a joint judgment dismissing an appeal by a public servant convicted of larceny at Port Loko. The appellant argued that, because Port Loko is part of the Colony of Sierra Leone, only the Supreme Court with a jury had jurisdiction, not the Circuit Court of the Protectorate. The court held that the Legislative Council established by the 1924 Order in Council governed both the Colony and the Protectorate, and could validly enact Ordinance 32/1933, which defined the Protectorate to include the entire Port Loko administrative district for judicial and administrative purposes. The court treated Article XV of the 1924 Royal Instructions as directory, so mis-titling did not invalidate the Ordinance. Historical statutes consistently placed outlying colonial portions under Protectorate jurisdiction. Distinguishing Damodhar Gordhan v. Doeram Kanji, the court emphasized that the transfer here was accomplished by competent legislative Acts. The appeal was dismissed and the conviction affirmed.