Districts named. District of District of District of District of District of Assizes to be held quarterly. And whereas it is expedient that the said Colony and Territories should be divided and defined for the purposes aforesaid: Now, therefore, I, George Chardin Denton, Companion of the Most Distinguished Order of Saint Michael and Saint George, Acting Governor of the Colony of Lagos, by and with the advice of the Executive Council of the said Colony, do order, and it is hereby ordered as follows: 1. The Colony and Territories near or adjacent thereto, wherein Her Majesty has, or at any time hereafter shall have acquired powers and jurisdiction shall be divided into, and henceforth consist of, the following Districts for the purposes of jurisdiction; the District of Lagos, the District of Leckie, the District of Badagry, the District of Epe, and the District of Ikorodu. 2. The District of Lagos shall comprise the portion of the Colony and parts of the said Territories bounded on the East by the Meridian of the Western extremity of the Isolu Villages, on the West by the Meridian of the Western extremity of Ojo, the lagoon which leads from Ojo to the Ologe waters, the Ologe waters, and the river Ilo and on the North by the road leading from Otta to Ayetoro and from Ayetoro to the river Ogun opposite Orichi, the river Ogun, the North bank of the Lagos lagoon, and the Omu creek. 3. The District of Leckie shall comprise the portion of the Colony and parts of the said Territories lying East of the Meridian of the Western extremity of Isolu Villages and South of the Omu creek and of the North bank of the Leckie lagoon. 4. The District of Badagry shall comprise the portion of the Colony and parts of the said Territories lying West of the Meridian of the Western extremity of Ojo, and which do not form part of the Lagos District. 5. The District of Epe shall comprise Ehinosa Island and the portion of the Colony and parts of the said Territories lying East of the Ibu river and being on the North of the lagoon. 6. The District of Ikorodu shall comprise the portion of the Colony and parts of the said Territories lying between the Meridian of Ojo and the Ibu river which do not form part of the Lagos or Epe Districts, and shall include the Town and District of Emuren and the Jebu Remo country. 11th day of October, 1897. Whereas by Section 20 of the Supreme Court Ordinance, 1876, it was enacted that the Governor in Council may at any time by Order published in the Government Gazette provide in such manner and subject to such regulations as to him may seem meet for the appointment of the place and time at which Sittings of Divisional Courts are to be holden: And whereas by Section 23 of the said Ordinance, it was further enacted that subject to any appointment by the Governor each of the Puisne Judges appointed to exercise jurisdiction in any Province should sit as a separate Divisional Court in such Province, at such place as the Governor may appoint, on the first Monday of every month, if Monday be a dies non, then on the lawful day next following, for the trial of criminal and civil causes, and the disposal of all other legal business pending, and that such sittings should be called the Assizes. Now, therefore, I, Henry Edward McCallum, Major R.E., Companion of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief of the Colony of Lagos, with the advice and consent of the Executive Council thereof, do hereby order and appoint that from and after the date of the publication of this Order in the Government Gazette, the Assizes before mentioned shall be holden in Lagos on the first Monday in the months of January, April, July, and October in each year, or if any such Monday be a dies non then on the lawful day next following. 18th day of March, 1899. District Whereas by the Supreme Court Ordinance, 1876, it was enacted The Egba among other things that the Governor in Council might at any constituted. time and from time to time by an Order published in the Gazette provide in such manner and subject to such regulations as to him might seem meet for the formation of Provinces and Districts for the purposes of jurisdiction. And whereas by an Order in Council dated the 31st July, 1895, the Colony and Territories, adjacent thereto wherein Her Majesty then had or at any time thereafter might have acquired power and jurisdiction were divided into Districts for the purposes of jurisdiction. And whereas under and by virtue of an Agreement made the 21st day of February, 1899, between me for and on behalf of Her Majesty the Queen of Great Britain and Ireland, Empress of India, her heirs and successors of the one part and the Alake and Authorities of the Egba Nation for and on behalf of themselves their heirs, and successors and the Egba Nation of the other part Her Majesty has acquired power and jurisdiction in the Egba territories. And whereas it is expedient that the said Egba Territories should not be part of any District or Districts constituted by the Order in Council aforesaid but should form a separate District. Now, therefore, I, George Chardin Denton, Esquire, Companion of the Most Distinguished Order of Saint Michael and Saint George, Acting Governor of the Colony of Lagos by and with the advice of the Executive Council of the said Colony do order, and it is hereby ordered, that for the purposes of jurisdiction the Month of March to be a vacation. Ibadan constituted. said Egba territories shall not be part of any District or Districts constituted by the Order in Council aforesaid, but shall henceforth form a separate District to be called the Egba District. 13th day of February, 1900. Whereas by the Supreme Court Ordinance, 1876, it was enacted that the Governor in Council may at any time by Order published in the Gazette provide in such manner and subject to such regulations as to him may seem meet for the appointment of the place and time at which sittings of Divisional Courts are to be holden: And whereas by the said Ordinance, it was further enacted that subject to any appointment by the Governor each of the Puisne Judges appointed to exercise jurisdiction in any Province should sit as a separate Divisional Court in such Province at such place as the Governor may appoint on the first Monday of every month or if Monday were a dies non then on the lawful day next following for the trial of criminal and civil causes and the disposal of all other legal business pending and that such sittings should be called the Assizes: Now, therefore, I, Sir William MacGregor, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Doctor of Medicine, Governor and Commander-in-Chief of the Colony of Lagos, with the advice and consent of the Executive Council thereof do hereby order as follows: 1. The month of March in every year shall be observed in the Divisional Court of the Supreme Court of the Colony of Lagos and its offices as a vacation and it shall not be necessary for the Court to sit during the said month: 2. During the said vacation the Court may hear all such applications as may require to be immediately or promptly heard: 3. During the said vacation the offices of the Divisional Court shall be open only on Mondays, Wednesdays and Fridays from nine to eleven in the forenoon. 13th day of March, 1901. Whereas by the Supreme Court Ordinance, 1876, it was enacted among other things that the Governor in Council might by an Order published in the Gazette provide in such manner and subject to such conditions as to him might seem meet for the formation of Districts for the purposes of jurisdiction; And whereas under and by virtue of an Indenture dated the 14th day of December, 1900, and expressed to be made between the Lieutenant-Governor of the one part and the Bashorun and Authorities of Ibadan of the other part, His Majesty, the King has acquired certain powers and jurisdiction within the Ibadan Territories more particularly therein limited and described; And whereas by an Order made under the provisions of Ordinance No. 5 of 1890, with the advice and consent of the Legislative Council on the 29th day of December, 1900, all the Ordinances, Rules and Orders for the time being in force in the Colony of Lagos were declared to apply to and be in force in the said Ibadan Territories for the purposes therein mentioned; And whereas it is expedient to provide for the exercise of the jurisdiction so acquired as aforesaid within the said territories; Now therefore I, Sir William MacGregor, Doctor of Medicine, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of the Colony of Lagos, by and with the advice of the Executive Council of the said Colony, do Order and it is hereby ordered that for the purposes of jurisdiction the said Ibadan Territories shall henceforth be constituted and form a separate District within the meaning of the said Ordinance. No. 5.-1876. AN ORDINANCE to make provision in relation to Criminal Whereas it is expedient to make provision in relation to Criminal Law and Procedure; Be it enacted by the Governor of the Colony of Lagos, with the advice and consent of the Legislative Council thereof, as follows: PRELIMINARY. 1. This Ordinance may be cited as the "Criminal Procedure Short title. Ordinance, 1876," and shall be construed with and as part of the Supreme Court Ordinance, 1876. PART I.-GENERAL PROVISIONS. AUTHORITY COMMON TO ALL COURTS. Courts to 2. Every Court has authority to cause to be brought before it General any person within its District or Province charged with an offence authority of committed within the local limits of the ordinary jurisdiction of bring accused the Supreme Court, or which according to Law may be dealt with persons before L. L them. Accused person to be sent to offence committed. as if it had been committed within the Colony, and to deal with the accused according to its jurisdiction. 3. Where a person charged with an offence committed within the local limits of the ordinary jurisdiction of the Supreme Court District where has escaped or removed from the Province or District within which the crime or offence was committed and is found within another Province or District, the Court within whose jurisdiction he is found shall cause him to be brought before it, and shall, unless authorised to proceed in the case, send him in custody to the Court in whose jurisdiction the crime or offence was committed, or require him to give security for his surrender to that Court there to answer the charge and to be dealt with according to Law. Removal under Warrant. General Rule. Accused tried where act done, or where 4. Where any person is to be sent in custody, a warrant shall be issued by the Court within whose jurisdiction he is found, and that warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person therein named, and to carry him and deliver him up to the Court within whose District the crime or offence was committed, or may be tried. *THE PLACE OF INQUIRY AND TRIAL. Subject to the power of transference provided by the Supreme Court Ordinance, the place for the investigation and trial of every offence shall be determined according to the following rules : 5. Every offence committed within the local limits of the ordinary jurisdiction of the Supreme Court shall be inquired of and tried in the Province in which it was committed. 6. When a person is accused of the commission of any offence by reason of anything which has been done, or of anything which has been omitted to be done, and of any consequence which has consequence ensued, such offence may be inquired into or tried in any Province in which any such thing has been done or omitted to be done, or any such consequence has ensued. ensues. When offence relation to 7. When an act is an offence by reason of its relation to any constituted by other act which is also an offence, a charge of the first-mentioned offence may be inquired into and tried either in the Province in which it happened, or in which the offence with which it was so connected happened. another offence. When place uncertain or offence distributed. 8. In any of the cases following, that is to say When it is uncertain in which of the several Provinces an offence was committed; or As to Jurisdiction where certain crimes are committed within 20 miles of the Colony or Protectorate, 34 Vict. c. 8. See Appendix. |