§ 36. Mr. LOVAT-FRASERasked the Under-Secretary of State for the Colonies if in view of the fact that litigants and 987 persons appearing before the provincial and native courts of South Nigeria are denied the right of retaining counsel to represent them, even in cases of persons charged with murder, and that persons sentenced to terms of imprisonment by the provincial courts of South Nigeria have no right of appeal or to ask for a case stated, he will take steps to bring the administration of justice in South Nigeria into conformity with modern standards?
§ Dr. SHIELSFor an account of the court system in Nigeria generally. I would refer the hon. Member to Lord Lugard's Report on the Amalgamation of Northern and Southern Nigeria and the Administration of the Dependency, published in 1920 as Cmd. 468. Native courts administer native law and custom, and their procedure is in no way modelled on that of the British Courts, and legal practitioners have never been admitted. In regard to the Provincial Courts, the reasons for not admitting legal practitioners are set forth in paragraph 50 of the Report which I have mentioned, but in regard to cases of murder, every accused person before a Provincial Court may apply to have the case transferred to the Supreme Court. As every sentence of a Provincial Court is reviewed before it is carried into effect, it has not, so far, been considered that there is any necessity for setting up further machinery to provide for appeals in criminal cases, while, in civil cases, appeals lie to the Supreme Court in any case over £50.
§ Mr. LOVAT-FRASERBy whom are the decisions reviewed?
§ Dr. SHIELSThey are reviewed by the Chief Justice and the Attorney-General, and, finally, by the Governor.
§ Major NATHANIs this not the only instance to be found throughout the British Empire and the Protectorates where an accused person is denied the advantage of being represented by counsel before an official tribunal?
§ Mr. ORMSBY-GOREBefore the hon. Gentleman answers that question, may I ask if it is not axiomatic in the system of indirect rule in Nigeria that the native law and the native methods of carrying out justice should not be interfered with, and that, as far as possible, these cases should be left to the native courts?
§ Dr. SHIELSYes, Sir, and I think it has been agreed that the system has worked well in the past and that these matters are better dealt with by purely native courts—which understand them better and have a better acquaintance with local conditions—than in the way suggested.