HC Deb 29 July 1932 vol 267 cc1791-2
17. Mr. MORGAN JONES

asked the Secretary of State for the Colonies whether he is aware that, under the legal system prevailing in Ashanti, persons accused of criminal offences, whatever the nature of the charge, are still without any right to legal representation in court; what, if any, investigations or inquiries have been made in the last two years into the working of this system; what, if any, recommendations have been made to him on this subject; and whether he will take steps immediately to secure that legal representation be allowed?

Sir P. CUNLIFFE-LISTER

Yes, Sir, I am aware that the position is as stated in the first part of the hon. Member's question. The legal adviser to the Colonial Office has recently visited the Gold Coast and discussed with the local authorities this and similar questions in connection with the judicial system in Ashanti. I am in communication with the Officer Administering the Government of the Gold Coast on the subject, and I hope shortly to be in a position to announce my decision.

18. Mr. JONES

asked the Secretary of State for the Colonies whether he is aware that in a large part of the protectorate of Nigeria original criminal jurisdiction is exclusively exercised by administrative officers without the accused having any right to legal representation or right of appeal against conviction; what is the maximum sentence which can be imposed; what, if any, investigations or inquiries have been made in the last two years into the working of this system; what, if any, recommendations have been made to him on this subject; and whether he will take steps to remedy it by the extension of the jurisdiction of the supreme court of Nigeria or by the introduction of a system similar to that of the supreme court and the grant of legal representation to accused persons?

Sir P. CUNLIFFE-LISTER

Yes, Sir, I am aware that, broadly speaking, the position is as stated in the first part of the hon. Member's question. The maximum sentence which can be imposed by a provincial court in Nigeria is death. The Chief Justice may, however, on the application of any party to a case, or of a lieutenant-governor or resident, transfer the case at any stage from any provincial court to the supreme court. The legal adviser to the Colonial Office has recently visited Nigeria and has discussed with the Governor, Sir Donald Cameron, this and kindred questions in connection with the administration of justice in Nigeria. As a result of that discussion, proposals have been submitted with a view to certain changes being made in the existing judicial system. I hope to discuss those proposals with Sir Donald Cameron during his forthcoming leave of absence, and the decision reached will be announced in due course.

Mr. JONES

Is the right hon. Gentleman of the opinion that the natives in being prosecuted, are fully seized of their rights of appeal?

Sir P. CUNLIFFE-LISTER

Certainly.