DENNIS NJEMANZE VS SHELL BP PORT HARCOURT
September 2, 2025CHIEF TAIWO VS DOSUNMU
September 2, 2025Legalpedia Citation: (1965-12) Legalpedia 88750 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Dec 24, 1965
Suit Number: FSC 94/1963
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
COKER JUSTICE, SUPREME COURT
IDIGBE JUSTICE, SUPREME COURT
PARTIES
ADISA
APPELLANTS
ATTORNEY-GENERAL, WESTERN NIGERIA
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW AND PRACTICE
SUMMARY OF FACTS
The appellant was charged with murder contrary to Section 257(1) of the Criminal Code of Western Nigeria. He was convicted of the offence and sentenced to death by Ogunkeye, J., in the High Court of Western Nigeria, hence this appeal against his conviction.
HELD
The court held that the case be sent back to the High Court Ibadan Judicial division of Western Nigeria for a fresh hearing.
ISSUES
RATIONES DECIDENDI
FRESH PLEA- WHEN THERE WILL BE A NEED TO TAKE FRESH PLEA
It was therefore imperative, in our view, for a fresh plea to be taken by the Judge; and for the appellant to be asked whether he was ready to be tried on the amended charge. Per Ademola CJN
CASES CITED
Eronini v. the Queen
Bisiriyu Shoaga v. The King 14 W.A.C.A. 22
Robert Adeniyl Jones v. Police 5 F.S.C. 38
R. v. Yesufu Abodundu and Others (1959) 4 F.S.C. 70 at p. 73
STATUTES REFERRED TO
Criminal Procedure Act
High Court of Lagos Act.
