10. Mr. POINTERasked the Secretary of State for the Colonies whether it is intended to pass the Provincial Courts Ordinance, 1914, of Nigeria, in its present form; and when it will come into force?
§ The SECRETARY of STATE for the COLONIES (Mr. Harcourt)Yes, Sir. Its enactment has been delayed solely in consequence of a technical question as to the form of enactment of the closely related Supreme Court Ordinance, which will I hope be settled shortly.
11. Mr. POINTERasked whether by the Provincial Courts Ordinance, 1914, of Nigeria, the jurisdiction of the Supreme Court, presided over by qualified and experienced barristers, is restricted to the town of Lagos and a few small districts, and is to be replaced by Provincial Courts presided over by executive officers?
§ Mr. HARCOURTThe hon. Member's description of the jurisdiction of the Supreme Court under the contemplated Nigerian Supreme Court Ordinance is hardly accurate I would refer him to Sections 22 and 24 of the draft Ordinance. With regard to the rest of the question, I would refer the hon. Member to my reply to my hon. Friend the Member for Haggerston of the 5th of March.
12. Mr. POINTERasked whether, by the Provincial Courts Ordinance, 1914, of Nigeria, natives tried before the Provincial Courts are not to be allowed to employ counsel to conduct their cases, although the great majority of the natives are ignorant of the English language and the English law?
§ Mr. HARCOURTCounsel will not be allowed to appear before the Provincial Courts either for the prosecution or for the defence. The system has been in force for years in Northern Nigeria and, I am advised, works quite satisfactorily. It should be understood that the jurisdiction of these Courts is confined to the Protectorate and does not extend to the Colony of Nigeria, nor to the more important centres within the Protectorate, which are under the jurisdiction of the Supreme Court before which counsel may 340 appear. The presence of counsel in the Courts of the more remote and backward districts is attended my many disadvantages; and the system of supervision of the sentences of the Provincial Courts which is provided by the Ordinance will, in the opinion of all those best qualified to judge, amply safeguard the interests of the natives.
13 and 14. Mr. PARKERasked the Secretary of State for the Colonies (1) whether he has any information about the case of one Hamabini, of Nigeria, who was charged in June, 1913, with theft and sent by the resident to Naraguta, where, after some inquiry by the police officer, he was flogged and sent to gaol and, after being detained there for three weeks, was informed by the police officer's orderly that he was sentenced to five years' imprisonment with hard labour, although he had never appeared in the Resident's Court, and is now serving his sentence in the gaol at Zungeru or Lokoja; and what he intends to do about it; and (2) whether he has any information regarding the case of John Chukana, who was arrested in the Naraguta district of Nigeria and, after being detained three weeks, was ordered to go to work with the gang of prisoners, and informed that he was sentenced to seven years' imprisonment with hard labour, although he had never been tried, and is now serving his sentence either at Zungeru or Lokoja, in Nigeria; and what he intends to do about it?
§ Mr. HARCOURTI have no information with regard to these alleged cases. If the hon. Member can give me any evidence that such cases occurred I will ask the Nigerian Government for a report upon them.