3PLR – SYLVANUS UNAKALAMBA V. COMMISSIONER OF POLICE
POLICY, PRACTICE AND PUBLISHING, LAW REPORTS 3PLR
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SYLVANUS UNAKALAMBA
V.
COMMISSIONER OF POLICE
FEDERAL SUPREME COURT OF NIGERIA
22ND FEBRUARY 1958
F.S.C.224/1957
3PLR/1958/61 (FSC)
BEFORE THEIR LORDSHIPS:
M.C. NAGEON DE LESTANG, AG. F.C.J (Presided and Read the Judgment of the Court)
MYLES JOHN ABBOTT, F.J.
SIR HENLEY COUSSEY, AG. F.J.
MAIN ISSUES
PRACTICE AND PROCEDURE – APPEAL – Oral judgment pronounced – reasons given subsequently – Attitude of Appellate Court.
CRIMINAL LAW AND PROCEDURE – Judgment of Magistrate Court – Criminal Procedure Ordinance s.245 – Format Of.
PRACTICE AND PROCEDURE – JUDGMENT – Magistrate and High Court-Judgment pronounced – Reasons given subsequently – Propriety of
REPRESENTATION:
Counsel: Not stated.
MAIN JUDGMENT
DE LESTANG, AG. F.C.J. (Delivering the Judgment of the Court):
Before leaving this case we wish to make some observations on the practice which appears to be growing of Magistrates delivering judgment and then subsequently filing their reasons as was done in the present case. This practice is contrary to the express provisions of section 245 of the Criminal Procedure Ordinance which reads:
“The Judge or Magistrate shall record his judgment in writing and every such judgment shall contain the point or points for determination, the decision thereon and the reasons for the decision and shall be dated and signed by the judge or magistrate at the time of pronouncing it:
Provided that in the case of a Magistrate in lieu of writing such judgment it shall be a sufficient compliance under this section if the Magistrate
(a) records briefly in the book his decision thereon and, where necessary, his reasons for such decision and delivers an oral judgment, or
(b) records such information in a prescribed form.”
The language of the section is quite clear. As far as Judges of the High Courts are concerned their judgments must be reduced into writing and signed and dated before they are pronounced. The same rule also applies to Magistrates, but in their case they may deliver an oral judgment provided they have complied with paragraph (a) or (b) of the section. No form having been prescribed under paragraph (b), Magistrates must therefore pursue the ordinary course or act under paragraph (a). Once a Judge or a Magistrate has pronounced judgment he is functus officio and any judgment reduced into writing or any reasons given subsequently are of no effect and cannot be looked at by the Court of Appeal.
ABBOTT, F.J.: I concur.
COUSSEY, AG., F.J.: I concur.
Appeal Allowed.
