CORAM

PARTIES

THE STATE

AREA(S) OF LAW

SUMMARY OF FACTS

SUMMARY OF FACTS
The Appellant was charged at the High Court of Borno State, for the offence of culpable homicide punishable with death. He was convicted and sentenced to death by hanging, Dissatisfied with the decision, the Appellant has appealed to this court urging the court to allow the appeal and declare the trial a nullity on grounds that the failure of the trial judge to adjourn to enable him to be represented by a counsel in a case that carries capital penalty vitiated the entire trial; that the purported address of defence counsel after recording the prosecution’s address when the Appellant led evidence and ought to start the address occasioned miscarriage of justice; that the Respondent who has no right to make any reply on point of law, (which ought to be the Right of the Appellant made such reply and this occasioned miscarriage).

HELD

Appeal Allowed

ISSUES

Whether the entire trial was not a nullity as a vital point of it was conducted without the Appellant being represented by counsel in a very serious matter of which death sentence upon conviction is involved?

RATIONES DECIDENDI

CASES CITED

Not Available

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria 1999 as amended|Criminal Procedure Code|Penal Code Law Cap 102 Laws of Borno State.|

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