OLUWATOYIN SOBAKIN V. THE STATE
July 29, 2025CHIEF IRO OGBU & ORS V. CHIEF OGBURU URUM & ANOR
July 29, 2025Legalpedia Citation: (1981) Legalpedia (SC) 37114
In the Supreme Court of Nigeria
Thu May 7, 1981
Suit Number: SC. 5/1981
CORAM
AYO G. IRIKEFE JUSTICE, SUPREME COURT
MOHAMMED BELLO JUSTICE, SUPREME COURT
KAYODE ESO JUSTICE, SUPREME COURT
ANDREWS O. OBASEKI JUSTICE, SUPREME COURT
AUGUSTINE NNAMANI JUSTICE, SUPREME COURT
PARTIES
APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellants sought an order of court discharging the decision of the federal Court of Appeals declaration that the whole proceedings of the trial of the respondents are a nullity.
HELD
The court ordered that the appeal be remitted to the court of appeal for a hearing and determination on its merit and that the two respondents be re-arrested.
ISSUES
Whether leave of court was obtained under section 185(b) criminal Procedure Code LLN 1963 before the trial of the respondents.
RATIONES DECIDENDI
EFFECT OF FAILURE TO OBTAIN LEAVE BEFORE A CHARGE IS PREFERRED
The trial of the appellants was a nullity in as much as it had not been shown that leave to prefer charges against them had been obtained from a Judge as required by law before the commencement of the trial- IRIKEFE, JSC
CASES CITED
STATUTES REFERRED TO
Criminal Procedure code, LNN, 1963
