FEDERAL HIGH COURT ACT

Section 30: Power of Court in Criminal Appeals

1973Section 30 of 66Federal Republic of Nigeria

On an appeal from a conviction in a magistrate's court, the Court may-(a) uphold the conviction and dismiss the appeal; or
(b) allow the appeal and set conviction aside on the ground that it was having regard to the evidence adduced, unreasonable, or that the conviction should be set aside on the ground of a wrong decision on any question of law, or on the ground that there was a substantial miscarriage of justice;
Provided that the court, notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, and dismiss the appeal if it considers that a substantial miscarriage of justice has actually occurred; or
(c) set aside the conviction and convict the appellant of any offence of which he might lawfully have been convicted by the magistrate upon the evidence and sentence him accordingly; or
(d) set aside the conviction and order that the appellant be re-tried in a court of competent jurisdiction; or
(e) substitute for the conviction a special finding that the appellant was insane at the time that he did the act made the omission constituting the offence with which he was charged before the magistrate.

Cite this section

Section 30, FEDERAL HIGH COURT ACT (1973).

https://repo.podus.ai/laws/federal-high-court-act/section/30/