HC Deb 17 March 1948 vol 448 cc2062-3
1. Mr. Hector Hughes

asked the Secretary of State for the Colonies what legal staff is now functioning in each of the British West African Colonies for the administration of criminal justice in the form of judges, Crown Counsel and Bar and for the defence of poor persons; and if he will consider the consolidation and co-ordination of the several systems for the purpose of securing greater efficiency and equality.

The Secretary of State for the Colonies (Mr. Creech Jones)

As the reply to the first part of the Question is necessarily long I will, with permission, circulate it in the OFFICIAL REPORT. As to the second point, the Courts in the four Territories are already organised on generally similar lines, and no advantage appears likely to result from further consolidation and co-ordination.

Mr. Hughes

While I thank the Minister for his reply, may I ask if he is aware that there is a strong body of opinion in the four Territories in favour of the union of the four systems under one judicial head, and would he consider whether that would lead to greater efficiency and economy?

Mr. Creech Jones

If my hon. and learned Friend would let me know a little more clearly what he means by "consolidation and co-ordination" the matter shall certainly be considered.

Following is the reply to the first part of the Question:

Criminal justice is administered in each Territory by a Supreme Court and a number of subordinate Courts, the latter having limited jurisdiction and being generally subject to supervision by the Supreme Court.

The composition of the Supreme Court in each Territory is as follows:

Nigeria.

Chief Justice and twelve Puisne Judges.

Gold Coast.

Chief Justice and seven Puisne Judges.

Sierra Leone.

Chief Justice and two Puisne Judges.

Gambia.

Judge of the Supreme Court.

There are also in each Territory Magistrates' Courts and Native Courts or Tribunals. The latter administer native law and custom and also exercise jurisdiction in certain criminal matters.

There is a West African Court of Appeal composed of judges from the four Territories. Appeal from this Court lies in appropriate cases to His Majesty's Privy Council.

The Legal Departments in the four Territories consist of the following:

Nigeria.

Gold Coast.

Gambia.

Attorney-General.

Sierra Leone.

Each of the Territories has its own local Bar and the number of practising advocates is at least adequate for the amount of legal work which arises. In regard to the defence of poor persons, I would refer my hon. Friend to the reply given to his Question on this subject on 10th March.