Chapter IV: Section 5: which gives power to the Governor to deport a man who has been
connected with this Society, and, if he is an alien, to banish him permanently from the Colony. As the District Commissioners have been obliged to arrest a good many persons for whom it may not be possible to formulate any charges, Honourable Members will see from Schedule 9 that there is an indemnity clause covering all the arrests which have been made.”
The three articles mentioned by the Attorney-General are described in the Ordinance as:
“(_a_) A dress made of baboon[8] skins commonly used by members of an unlawful society;
“(_b_) A ‘kukoi’ or whistle commonly used for calling together the members of an unlawful society;
“(_c_) An iron needle commonly used for branding members of an unlawful society.”
In introducing the Special Commission Court Ordinance into the Legislative Council the Attorney-General said:
“This Bill gives the Governor power to constitute special courts for the trial of all offences under the Human Leopard and Alligator Societies Ordinance, 1909, and also the Ordinance (the Human Leopard and Alligator Amendment Ordinance, 1912) which has just been read a second time. I may say that the usual way of trying offenders in the Protectorate is by the Circuit Court with three or four Native Paramount Chiefs, but as a great number of these chiefs are implicated and have been arrested in the Protectorate, it is obvious that the services of many, if any at all, will not be available. Moreover, there are 64 persons under trial. It will take up too much of the time of the Circuit Judge if all were sent for trial before the Circuit Court. The Governor has the power to appoint Commissioners, usually men who are Senior District Commissioners. However, it is not desirable to appoint Commissioners in the ordinary way to try offences like these. Instead of the prisoners being tried by the Circuit Judge in the ordinary way, they will be charged before a special court of three Judges.
“It is proposed in the Bill, which I may point out will only be in operation for one year, to appoint a Special Commission Court consisting of three persons. Who they are or who they will be I cannot say; but I can say that they must be either judges or barristers of a British court.
“The Bill also provides that there must be unanimity before a prisoner can be convicted. The procedure will be practically the same as that of the Circuit Court, and all the procedure of the Circuit will be followed.
“It will be observed in Clause 10 that the same powers of deportation will be given to the Governor when dealing with prisoners convicted by the Special Commission Court as with those convicted by the Circuit Court. By Clause 11 further power is given to the Governor. Unfortunately, it sometimes happens in these cases that there are several persons who are more or less connected with these Societies, but against whom there is no evidence; they will be simply ordered to leave the Colony and will not be allowed to return.”
The Colonial Office were fortunate in being able to secure the services of an able and distinguished lawyer and judge in the person of Sir William Brandford Griffith, an Ex-Chief Justice of the Gold Coast Colony, to be President of the Court, and he arrived in the Colony from England on the 8th December, 1912.
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Footnote 1:
These observations, to be found in vol. i. of Samuel Purchas’s
“Hakluytus Posthumus, or Purchas his Pilgrimes, containing a History
of the World, in Sea Voyages, and Lande Travells,” by Englishmen and
others, are printed in full at p. 94.
Footnote 2:
“Observations upon the Windward Coast of Africa, the Religion,
Character, Customs, etc., of the Natives, etc. etc., made in the years
1805 and 1806,” by Joseph Corry, 1807.
Footnote 3:
“Travels in the Timmanee, Kooranko, and Soolima Countries in Western
Africa,” by Major Alexander Gordon Laing, 1825.
Footnote 4:
“The White Man’s Grave, a Visit to Sierra Leone in 1834,” by F.
Harrison Rankin, 1836.
Footnote 5:
“The Sherbro and its Hinterland,” by T. J. Alldridge, 1901.
Footnote 6:
See p. 21.
Footnote 7:
See p. 23.
Footnote 8:
This was owing to the fact that a society known as the Human Baboon
Society had been discovered to exist in one of the Northern Districts
of the Protectorate.
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