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IFE (JURISDICTION OF SUPREME COURT).
WHEREAS by an Order in Council of Her late Majesty Queen Victoria bearing date the 29th day of December, 1887, and made in pursuance of the powers by the Foreign Jurisdiction Act 1843 or otherwise in Her Majesty vested, it was provided that it should be lawful for the Legislative Council for the time being of the Colony, by Ordinance or Ordinances to exercise and provide for giving effect to all such powers and jurisdiction as Her Majesty might at any time before or after the passing of the said Order in Council have acquired in the territories adjacent to the Colony, subject to such provisions as are in the said Order in Council described and set forth;
And whereas by an Order in Council bearing date the 24th day of July, 1901, and made in pursuance of the powers by the Foreign Jurisdiction Act 1890 or otherwise in His Majesty vested, His Majesty has been pleased to order, subject nevertheless to the conditions and reservations in the Order in Council now under recital contained, that subject to the provisions of the hereinbefore recited Order in Council of the 29th day of December, 1887, the Legislative Council of the Colony may by Ordinance or Ordinances exercise and provide for giving effect to all such powers and jurisdiction as His Majesty may at any time either before or after the passing of the Order now under recital have acquired or may acquire, within such of the territories of the West Coast of Africa near or adjacent to the Colony as are within certain limits thereinafter described as the "Lagos Protectorate."
And whereas by an Agreement dated the 23rd day of September, 1904, and entered into between Charles Herbert Harley Moseley, C.M.G., Acting Governor of the Colony on behalf of His Most Excellent Majesty King Edward the Seventh, and the Oni and Authorities of the Province of Ife, His Majesty has acquired certain powers and jurisdiction in the Province of Ife.
And whereas the Province of Ife is within the limits of the Lagos Protectorate as defined by the aforesaid Order of His Majesty in Council of the 24th day of July, 1901.
And whereas it is expedient to provide by Ordinance for the
vested in the Supreme Court.
To be exercised under 4
Jurisdiction and law.
exercise of and for giving effect to the aforesaid powers and jurisdiction acquired by His Majesty.
Application of laws powers of the defining
1. This Ordinance may be cited as "The Ife Jurisdiction Ordinance."
2. In this Ordinance "Agreement" means the Agreement set out in the Schedule hereto.
3. The jurisdiction acquired by His Majesty under the Agreement shall be vested in the Supreme Court of the Colony (hereinafter called "the Court ") and the Court is hereby empowered to carry the said jurisdiction into effect.
4. The jurisdiction by this Ordinance vested in the Court shall except as hereinafter mentioned be exercised under and according to the provisions of the Supreme Court Ordinance, 1876, including the Rules and Orders of Court made thereunder and the Criminal Procedure Ordinance, 1876, and any Ordinance which may be passed supplementary thereto or in substitution therefor.
5. The laws relating to crimes and offences for the time being in force in the Colony shall extend to and be in force within and under the jurisdiction by this Ordinance vested in the Court. The laws relating to Civil matters for the time being in force in the Colony shall extend to and be in force within and under the jurisdiction by this Ordinance vested in the Court, but shall be deemed to extend thereto and be in force so far only as the jurisdiction of the Court and local circumstances reasonably permit and render such extension and enforcement suitable and appropriate.
6. The Court in the exercise and administration of the jurisdic
of local laws tion vested in it by this Ordinance shall have the right to observe
and enforce the observance of the laws and customs existing in the Province of Ife, such laws or customs not being repugnant to natural justice equity and good conscience. Such laws and customs shall be deemed applicable in causes and matters between natives of the Province of Ife and persons not being natives of the Province of Ife only when it may appear to the Court that substantial injustice would be done to either party by a strict adherence to the rules of English law, and in such causes and matters as the Court may deem just and equitable.
7. All laws of the Colony relating to any powers given to or exercised by the Governor shall be in force within the jurisdiction by this Ordinance vested in the Court in so far as they are necessary to carry into effect the jurisdiction acquired by His Majesty.
8. Whenever any person is charged with any indictable crime Trial by or offence within the jurisdiction by this Ordinance vested in the Assessors. Court the trial shall be held with the aid of Assessors not being ordinarily less than four.
9. Section 118 to section 134 (both inclusive) of the Criminal Certain secProcedure Ordinance, 1876, shall not apply to the jurisdiction by tions of No. 5
this Ordinance vested in the Court.
of 1876 not applicable.
10. The Chief Justice may at any time make any Rules of Power to Court for carrying this Ordinance into effect, and in particular for make Rules. regulating all matters connected with the forms to be used and the fees to be payable, and may from time to time alter, amend and revoke all or any of such Rules, provided that no such Rules, or any alteration, amendment or revocation thereof, shall be deemed binding until the same shall have been approved by the Legislative Council, and shall have been published in the Gazette; but all such Rules, and such alterations, amendments and revocations thereof, when so approved and published as aforesaid, shall have the same force and effect for all purposes as if the same had been made by Ordinance, and shall in like manner come into operation, either immediately or on such day as shall be provided in such Rules, subject to disallowance by His Majesty.
Agreement made this 23rd day of September, 1904, between His Excellency Charles Herbert Harley Moseley, Esquire, Companion of the Most Distinguished Order of Saint Michael and Saint George, Acting Governor and Commander-in-Chief in and over the Colony of Lagos for and on behalf of His Most Excellent Majesty Edward the Seventh of the United Kingdom of Great Britain and Ireland and of all the British Dominions beyond the Seas King, Emperor of India, His heirs and successors, of the one part, and the Oni and Authorities of the Province of Ife, for and on behalf of themselves, their heirs and successors and the people of the Province of Ife of the other part:
Whereas the Province of Ife lies adjacent to the Colony of Lagos and is under the protection of His Most Excellent Majesty King Edward the Seventh.
Now therefore the Oni and Authorities of the Province of Ife for and on behalf of themselves their heirs and successors and of the people of the Province of Ife do hereby agree and acknowledge that the hereinafter mentioned Powers and Jurisdiction in the Province of Ife are vested in His Most Excellent Majesty Edward the Seventh of the United Kingdom of Great Britain and Ireland
and of all the British Dominions beyond the Seas King, Emperor of India, his heirs and successors, that is to say:
1. Power and Jurisdiction over all persons not being natives of the Province of Ife for the repression and punishment of all crimes and offences.
2. Power and Jurisdiction for the Judicial hearing and determination of matters in difference where one or both of the parties to the suit is not a native of the Province of Ife.
3. Power and Jurisdiction for the administration and control of the property and persons of all persons not being natives of the Province of Ife.
4. Power and Jurisdiction over all persons whomsoever for the repression and punishment of the crimes of murder and manslaughter.
5. Power and Jurisdiction to execute and carry into effect the aforesaid powers and jurisdiction.
In witness whereof the said parties have hereunto set their hands and seals the day and year first above written.
C. H. HARLEY MOSELEY.
J. O. KASALIN,
Signed by the said Henry
Signed and sealed at Lagos by the said Charles Herbert Harley Moseley in the presence of
W. NICOLL-Chief Justice of Lagos.
J. M. M. DUNLOP-Attorney General (Acting).
Clerk of the Oni.
Signed and sealed at Ife by the said Oni and Authorities of the Province of Ife in the presence of
J. O. KASALIN,
Colonial Secretary (Acting).
I do hereby certify that I
have truly and honestly interpreted and explained in the Yoruba language the terms of the foregoing Agreement to the Oni and Authorities of the Province of Ife.
First Class Clerk Native Affairs.
PETITIONS OF RIGHT.
WHEREAS it is expedient to make provision relating to Suits by and against the Government, and for the recovery of costs in such cases and to assimilate the proceedings as nearly as may be to the course of practice and procedure in suits between subject and subject:
1. This Ordinance may be cited as "The Petitions of Right Short title. Ordinance."
2. Claims by the general Government of the Colony or by any Claims by the Government Department against any private person shall be Government brought by the Attorney-General or by any Officer authorised by law to prosecute such claims on behalf of the Government.
3. All claims against the general Government of the Colony, or Claims by against any Government Department, being of the same nature as private parties claims which may be preferred against the Crown in England by against the Petition, Manifestation, or Plea of Right, may, with the consent of the Governor, be preferred in the proper Divisional Court of the Supreme Court in a suit instituted by the Claimant as Plaintiff against the Attorney-General as Defendant, or such other Officer as the Governor may from time to time designate for that purpose.
4. The Claimant shall not issue a Writ of Summons, but the How suit Suit shall be commenced by the filing of a Statement of Claim in commenced. the Supreme Court and the delivering of a copy thereof at the office of the Attorney-General or other officer designated as aforesaid, and no fee shall be payable on filing or delivering such Statement.
5. The Registrar shall forthwith transmit the Statement of Fiat of Claim to the Colonial Secretary, and the same shall be laid before Governor. the Governor. In case the Governor shall grant his consent as Prosecution aforesaid, the Statement of Claim shall be returned to the Supreme of suit. Court, with the fiat of the Governor endorsed thereon, and the claim shall be prosecuted in the Divisional Court in which the