O.K.O MOGAJI & ORS VS CADBURY FRY (EXPORT) LTD
August 26, 2025TIJANI ADIGUN VS THE STATE
August 26, 2025Legalpedia Citation: (1972) Legalpedia (SC) 11125
In the Supreme Court of Nigeria
Fri Feb 4, 1972
Suit Number: SC. 196/1971
CORAM
LEWIS JUSTICE, SUPREME COURT
UDOMA JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
EYO OKPO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant was found guilty by the trial court for the murder of Anwana Bassey, the appellant killed the deceased by inflicting matchet cut on the neck of the deceased. The appellant is challenging his conviction by the trial court on ground that the fact of his conviction was neither pronounced nor contained in the record of proceedings before the court.
HELD
The court held that once an accused has been found guilty of the offence charged, the proper way to convict him is to pronounce the sentence and indicate in the record of proceedings that the appropriate sentence prescribed by law for the offence has been passed.
ISSUES
Whether the failure of the learned trial judge to record in the record of proceeding and judgment of the court the fact that he had convicted as well as sentenced the Appellant to death as prescribed by law could invalidate the trial and sentence of the court in the case.
RATIONES DECIDENDI
PUNISHMENT FOR MURDER
it is plain that once a person has been found guilty of having committed the offence of murder, it is mandatory that he be sentenced to death. No other form of punishment can be inflicted. PER UDO UDOMA JSC
PROPER WAY TO INDICATE FACT OF CONVICTION
once an accused has been found guilty with the offence charged the proper way to indicate the fact of his conviction is to specifically record this in the proceeding to show that the appropriate sentence prescribed by law has in fact been passed or pronounced. PER UDO UDOMA JSC
CASES CITED
Mallam Gano v. The State SC. 182/1968
Mellor v. Swire (1885) 30 CH.D. 239: 53 LT 205
STATUTES REFERRED TO
Criminal Procedure Law (Cap. 31) of the Laws of the former Eastern Nigeria (1963) Vol. II
Supreme Court Act
England Supreme Court Rules
