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21277.

R

No. 130.

(NORTHERN NIGERIA.)

LAW OFFICERS to FOREIGN OFFICE.

[Method of dealing with the men convicted of the Murder of Captain Keyes.]

Mr Loup,

Royal Courts of Justice.

27th May, 1902. · We were honoured with Your Lordship's commands signified in Mr. F. H. Villiers' letter of the 16th instant, stating that, with reference to our Report of the 7th April last, he was directed by Your Lordship to transmit to us the accompanying papers relative to the method of dealing with the men who had been convicted of the murder of Captain Keyes, one of whom-as would be seen from the Colonial Office letter of the 1st instant-had since died.

That Mr. Villiers was to request us to take the papers into our consideration and to favour Your Lordship with our opinion on the following points :--

1. Whether the statements contained in Monsieur Cambon's note of the 19th ultimo might be regarded as a sufficient assurance that the previous proceedings against the prisoners would not be held to be a bar to their conviction in a French Court, and might le safely accepted by His Majesty's Government.

2. Whether the provisions of the draft Proclamation enclosed in the Colonial Office letter of the 10th instant were apt and proper for the purpose for which they were intended.

3. Whether in view of the difficulties that would ensue from the trial of the prisoners at so great a distance from Northern Nigeria as St. Louis in Senegal, an ndertaking should be obtained from the French Government before the prisoners were handed over, that they would be tried at Porto Novo in Dahomey, or at some other suitable place to be agreed upon with His Majesty's Government: and whether, if French legislation should be necessary in order to carry out this object, His Majesty's Government would be justified in requiring from the French Government-as a condition precedent to the surrender of the prisoners—a guarantee that such legislation would be obtained.

4. Whether the proposal to take the evidence of the witnesses for the prosecution by ineans of Commissions Rogatoires" addressed by the French Court to the tribunals of Northern Nigeria was one that could or should be agreed to by His Majesty's Govern- ment, and, if not, what were the special grounds on which the proposal inight most appropriately be declined.

We have taken the papers into our consideration, and, in obedience to Your Lord- ship's commands, have the honour to

Report-

1. We think Monsieur Cambon's assurances on this point satisfactory.

2. Subject to the alterations which we have made, we think the terms of the draft Proclamation apt and proper.

3 and 4. If it is established to the satisfaction of His Majesty's Government that evidence taken on "Commissions Rogatoires" will be as available for use in the prosecu- tion in the French Court as if the witnesses attended, we think that His Majesty's Government may concur in the course proposed in this respect. Arrangements hould also be suggested for the taking of the evidence while the prisoners are still in British territory, that they may have the opportunity of attending and cross- examining.

It would, we think, be difficult for His Majesty's Government to refuse the surrender unless the French pass a law providing for trial at Porto Novo, as there may be circum-

No. 1384.

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PUBLIC RECORD OFFICE

Reference :-

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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PUBLIC RECORD OFFICE

Reference :-

C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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stances which make this impracticable, and it is clear that the original surrender of the prisoners was without authority.

The Marquess of Lansdowne, K.G.,

&c.,

(Draft.)

e..

&c.

We have, &c.

R. B. FINLAY, EDWARD CARSON,

1

Whereas certain prisoners of French nationality now confined at

Desemblanc and

Buret together with by name respectively

Bendard since deceased did on the 21st day of June 1901 at Argungun within Northern Nigeria feloniously wilfully-und-of-malice-aforethought kill atıl murder certain persons by name C. V. Keyes, Madugó and Lawani :

one

Bendard

And whereas the said prisoners were together with the said

and surrendered by them to the arrested by the French authorities in High Commissioner for trial in due form of law and were in the month of October 1901 duly brought to trial before the Supreme Court of Northern Nigeria and being found guilty of murder were lawfully sentenced to death :

And whereas the Government of the French Republic have represented and hav established to the satisfaction of His Majesty's Government that the surrender of the prisoners aforesaid to the High Commissioner was made without due authority and br have requested that they may

be delivered over to the French authorities in

in order that they may be tried by the proper French tribunals for the murder aforesaid and for other offences committed by them:

any

And whereas the Government of the French Republic have given full and complete up will assurances to His Majesty's Government that the aforesaid prisoners if delivered

for the murder aforesaid and be duly brought to justice and tried t that all proper facilities will be afforded for the attendance-of-the-witnesses production of evidence at such trial and that upon the enactment of this Proclamation it will not be competent for the prisoners to rely on the defence that they have already been tried and convicted for the aforesaid murder and that under the provisions of French law m impediment will exist to prevent the due trial and conviction of the said prisoners for the murder of the said C. V. Keyes, Madugo and Lawani if upon the evidence produced at such trial they shall be found to have been guilty of the said crime:

And whereas His Majesty's Government is satisfied with the aforesaid assurances of the French Government and it is expedient that provision should be made for the surrender of the aforesaid prisoners to the French authorities for trial:

Be it therefore enacted by the High Commissioner of Northern Nigeria as follows:- 1. The conviction of the said prisoners Desemblanc, Buret and Bendard is hereby annulled and made void and for the purposes of this Proclamation the said Desemblan and Buret (hereafter referred to as the prisoners ") shall be deemed to be and shall be in all respects in the position of prisoners duly arrested upon the charge of murder and awaiting trial for the said offence.

2. The prisoners shall, as soon as satisfactory arrangements have been made by the High Commissioner in that behalf be surrendered to any Officer appointed by the Governor of Dahomey authorised to receive them and until such surrender shall be detained in custody as prisoners awaiting trial.

3. A warrant under the hand of the High Commissioner addressed to the master of any ship or to any other person shall be sufficient authority to the person named therein to convey the prisoners or either of them to the place named therein and to deliver them

or either of them into such custody as may be named in the warrant.

4. No writ of habeas corpus or other process calling in question the legality of the arrest detention trial conviction or surrender of the said Desemblanc, Buret and Beudard or any of them or of any other matter connected therewith respectively shall have any effect within Northern Nigeria.

5. If any person aids or attempts to aid the prisoners or either of them to escape or to attempt to escape from custody he shall be guilty of an offence and shall be liable on

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conviction thereof to imprisqument with hard labour for any term not exceeding two

years.

6. No action indictment or legal proceeding civil or criminal shall lie or be brought against the High Commissioner or against any judge anthority officer or other person heretofore or hereafter concerned in the arrest detention trial conviction or surrender of the said Desemblanc, Buret and Bendard or any of them for any act done in respect thereof and they are hereby indemnified against all liability in respect of any such acts.

7. The High Commissioner may make regulations not being inconsistent with this Proclamation for the carrying out of the provisions thereof or Northern Nigeria of any evidence required for the prosecution of the prisoners before a for taking by the Courts of French Court and any regulations so made and published shall have effect as if they had been enacted in this Proclamation.

8. This Proclamation may be cited as the French Prisoners Surrender Proclamation 1902.

R. B. F. E. C.