OMUFEREN UYOVBARIA AND ORS VS CHIEF M. KPOROARO AND ANOR
September 2, 2025ALHAJI HARUNA KASSIM VS HERMANN EBERT
September 2, 2025Legalpedia Citation: (1966-02) Legalpedia 89012 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Feb 25, 1966
Suit Number: SC 685/1965
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
COKER JUSTICE, SUPREME COURT
IDIGBE JUSTICE, SUPREME COURT
PARTIES
MFON UDO MBOHO
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
Criminal Law-Plea
SUMMARY OF FACTS
The appellant was convicted of the murder of his brother, Edet UdoMboho, and sentenced to death in the High Court of Eastern Nigeria (Nkemena, J.).
HELD
That the learned trial judge was very much in error when, without making any finding on his investigation on the fitness of the appellant to make his defence, he continued with his (appellant’s) trial.
ISSUES
Whether an accused person was fit to plead or take his trial
RATIONES DECIDENDI
WHEN AN ACCUSED PERSON IS FIT TO PLEAD OR TAKE HIS TRIAL
‘the issue whether an accused person is fit to plead or take his trial is an issue upon which a final decision must be given by the jury; and if a jury trying such an issue is unable to reach an agreement a fresh jury must be impanelled to decide the issue before trial should proceed or continue.’ Per Idigbe, J.S.C
CASES CITED
Regina v. Darkhu [1956]. 1 W.L.R. 989
Reg. v. Beynon [1957] 2 W.L.R. 956)
STATUTES REFERRED TO
Criminal Procedure Act
