SAMUEL OGUEBIE & ANOR VS CHUKWUDILE ODUNWOKE & ORS
August 2, 2025S.O.AJANAKU VS COMMISSIONER OF POLICE
August 2, 2025Legalpedia Citation: (1979) Legalpedia (SC) 10530
In the Supreme Court of Nigeria
Wed Mar 21, 1979
Suit Number: SC. 1/1978
CORAM
ALEXANDER CHIEF JUSTICE OF NIGERIA
IRIKEFE JUSTICE, SUPREME COURT
ARDO JUSTICE, SUPREME COURT
ESO JUSTICE, SUPREME COURT
PARTIES
JOSEPH OKOSUN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged before the Robbery and Firearms Tribunal for robbing one Amenaghawon Igbinovia (f) of a tape recorder valued N100 and at the time of the robbery were armed with a knife. The tribunal accepted the case made by the prosecution and rejected that of the appellant. It accordingly convicted him and sentenced him to death either by hanging or by firing squad as might be deemed appropriate. The appellant appealed to the Court of Appeal and further to the Supreme Court.
HELD
The appeal was allowed and the conviction of the appellant and the sentence were set aside.
ISSUES
Whether that court was right in ruling that the Criminal Procedure Act did not apply to the proceedings before the tribunal.
RATIONES DECIDENDI
A FRESH PLEA AN ESSENTIAL AND INDISPENSABLE ELEMENT IN THE TRIAL OF A NEW CHARGE
“We are not in any doubt that a fresh plea is an essential, and indeed, an indispensable element in the trial of a new charge, which is what an amendment, no matter how trifling in nature, does to an existing charge, before the amendment.” Per A. G. IRIKEFE, JSC.
CASES CITED
None.
STATUTES REFERRED TO
None.
