BABALOLA ADISA VS YESUFU LADOKUN
August 15, 2025CHIEF S.B. BAKARE & ANOR VS ALHAJI ADO IBRAHIM
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 41417
In the Supreme Court of Nigeria
Wed Oct 3, 1973
Suit Number: SC. 103/1973
CORAM
ELIAS, CHIEF JUSTICE, NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
PROPHET MALIM SHERIFF KAJOLA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The trial Magistrate did not explain to the appellant, who was not represented by a Legal Practitioner at trial, how to make a defence under section 187 of the Criminal Procedure Act
HELD
The court allowed the appeal, and quashed the conviction.
ISSUES
Whether the trial court complied with section 187 of the Criminal Procedure Act
RATIONES DECIDENDI
DUTY ON COURT TO EXPLAINING THE ALTERNATIVE MODES TO MAKE HIS DEFENCE TO AN ACCUSED PERSON
Section 287 (1) of the Criminal Procedure Act lays a duty upon the court of trial to put the three alternatives to the accused specifically and also to draw his attention to the provision of Section 288 of the Act, especially, as is this case, where the accused is either not represented by counsel at his trial or is so represented but his counsel is not in court at the material stage in the proceedings. The court record must show clearly that the trial court has done so- Elias CJN
CASES CITED
STATUTES REFERRED TO
The Criminal Procedure Act
