CORAM

---

BRETT,JUSTICE,SUPREME COURT

SYLVESTER NWALI NGWUTA     JUSTICE, SUPREME COURT

---

PARTIES

---

EMMA AMANCHUKWU APPELLANTS

---

THE FEDERAL REPUBLIC OF NIGERIA

RESPONDENTS 

---

AREA(S) OF LAW

---

---

SUMMARY OF FACTS

The appellant was convicted of importing heroin by concealing same in his body without lawful authority. He appealed his conviction, which was dismissed by the Court of Appeal. He has further appealed.

---

HELD

---

Appeal dismissed as the appeal was academic as the appellant had already served out the sentence

---

ISSUES

---

1.Whether an appeal is still available to the appellant having served the sentence of 15 years imprisonment?

---

RATIONES DECIDENDI

---

COURT NOT TO DEAL WITH ACADEMIC MATTERS

---

The appeal is essentially academic and courts of law do not deal with academic matters. Per TOBI, JSC

---

WHEN A PLEA OF GUILTY WILL BE VALID

---

A plea of guilty, is valid if made (as in the instant case leading to this appeal) in a very unambiguous and unequivocal way and the same is received by a trial court/tribunal not labouring under the misapprehension of what the law is. Per OGBUAGU, JSC

---

MEANING OF FAIR-HEARING

---

Fair hearing within the meaning of Section 33(1) of the 1979 Constitution, means a trial conducted according to all legal rules formulated to ensure that justice is done to the parties. It encompasses not only the compliance with the rules of natural justice, but also audi alteram partem. It also entails doings in the course of trials, whether civil or criminal trial, all the things which will make an impartial observer, leave the court room to believe that the trial has been balanced and fair on both sides to the trial. Per OGBUAGU, JSC

---

CASES CITED

---

1. Alhaji Isiyaku Mohammed v. Kano Native Authority (1968) 1 All NLR 424 at 426; (1968) All NLR 411 at 41

2. Gani Fawehenmi v. The State (1990)1 NWLR (Pt. 127) 486 at 497-498

 

---

STATUTES REFERRED TO

---

1. 1979 Constitution

---

CLICK HERE TO READ FULL JUDGMENT