Alhaji Idrisu & Ors. V. Commissioner of Police (2008)

LawGlobal-Hub Lead Judgment Report

ABDU ABOKI, J.C.A.

This is an Appeal against the decision of the High Court of Justice, Minna, sitting in its appellate jurisdiction delivered on 26th April 2006 per Coram: J.N. Ndajiwo CJ. and C.T. Auta J.

The brief facts of the case are that the Appellants were convicted by the Magistrate Court, Doko, Niger Stale for offences contrary to Sections 136(b) and 265 of the Penal Code and sentenced to seven months imprisonment without an option of fine.

The Appellants filed an appeal to the High Court of Justice Minna, in its appellate jurisdiction against the ruling of the Magistrate Court, Doko. They also sought the leave of the High Court, sitting at New Bussa Niger State, to apply for a writ of certiorari against the proceedings of the Magistrate Court.

The High Court of Justice, New Bussa, granted the Appellants leave and suspended the committal warrant issued by the Magistrate Court, Doko and further ordered the release of the Appellants from prison custody pending the hearing and determination of the substantive application for an order of certiorari.

The Appellants as a result of this development formally applied to discontinue the appeal pending before the Appellate Division of the Niger State High Court of Justice, Minna.

In their ruling delivered on 26th April 2006 the learned Judges granted the application to discontinue the Appeal, and went further to reinstate the conviction and sentence of the Appellants which had been suspended by an order of the High Court of Justice, New Bussa. This Appeal is against that part of the ruling.

The Appellants distilled two issues for determination from the two Grounds of Appeal contained in their Joint Notice of Appeal.

The issues read as follows:

“1. In considering all application for discontinuance of the appeal before it, whether the learned Court below was right to reinstate the conviction and sentence of the Appellants when same was not in issue before it.

2. Whether the Court below has appellate jurisdiction over an order made in its original jurisdiction.

Although the Respondent did not file a cross-appeal, two issues were formulated for determination on its behalf from the Grounds of Appeal as follows:

“1. Whether the discharge of the order made by the High Court New Bussa granting leave to apply for an order of certiorari and that suspending the committal warrant by the lower Court was validly done when it is not prayed or applied for.

2. Whether it amounts to sitting on Appeal when the lower Court set aside the interim orders granting leave to apply for an order of certiorari and another order suspending the committal warrant by the Court of coordinate jurisdiction.”

The two sets of issues formulated by parties to this Appeal are identical in content. I however prefer the issues as formulated by the Appellants and same are adopted for the determination of this Appeal.

Learned Counsel for the Appellants argued that the sole issue before the learned Judges of the High Court, Minna sitting in an appellate jurisdiction in the case, was the consideration of an application for discontinuance of the Appeal before it. Learned Counsel contended that the learned Judges suo motu reinstated the conviction and sentences imposed on the Appellants by the Magistrate Court, Doko when same was neither raised nor canvassed before them.