CORAM

PARTIES

AMOS BUDE APPELLANTS

THE STATE

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant together with four others were arraigned at the High Court of Kaduna State on a two count charge of conspiracy to commit armed robbery, armed robbery  and receiving stolen property contrary to Sections 6 (b), 1 (2) (a) and 5 of the Robbery and Firearms (Special Provisions) Act Cap. R11, Laws of the Federation of Nigeria 2004 to which the Appellant pleaded not guilty. At the trial of the case, the prosecution called a total of four witnesses and later on filed a motion to amend the charge and same was granted by the trial court. Contrary to the known laid down procedure after amendment of charges, the Appellant’s plea was never taken afresh and the court in its ruling sentenced the Appellant to death by hanging. Dissatisfied with the ruling, the Appellant appealed to the Court of Appeal which entered judgment in respect of the first issue for the Appellant to the effect that the entire proceedings at the trial court was a nullity for failure to take the plea of the Appellant afresh and against that background refused to consider the other issues and ordered for a retrial of the case at the High Court Kaduna. Further dissatisfied, the Appellant has appealed to the Supreme Court.

HELD

Appeal Dismissed

ISSUES

Whether or not the Court below ought to have ordered a retrial of the appellant having regard to the position of the law, facts and circumstances of the case?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

1. Administration of Criminal Justice Act, 2015

2. Court of Appeal Act

3. Supreme Court Act 

CLICK HERE TO READ FULL JUDGMENT