WALTER WIRI & ORS V GODWIN WUCHE & ORS
August 1, 2025TAIWO OKEOWO & ORS VS MRS D. A. MIGLIORE & ORS
August 1, 2025Legalpedia Citation: (1979) Legalpedia (SC) 15881
In the Supreme Court of Nigeria
Fri Nov 30, 1979
Suit Number: SC. 9/1977
CORAM
IRIKEFE, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
NWAFOR OKEGBU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged for murdering one Oriaku Ojioma. He was tried in the High Court of the East Central State of Nigeria. He was convicted and sentenced to death. He unsuccessfully appealed against his conviction at the court of appeal and further to the Supreme Court.
HELD
The appeal was allowed
ISSUES
Whether, as contended for the appellant for the first time in this court, his trial is rendered null and void on the ground of non-compliance with Section 164 of the Criminal Procedure Law (Cap. 31 – Laws of Eastern Nigeria).
RATIONES DECIDENDI
WHEN ISSUES ARE JOINED IN A CRIMINAL TRIAL
“It is only when an accused pleads either guilty or not guilty to a charge as the case may be, that issues are joined in a criminal trial, and until this happens, he is technically outside the pale of the courts jurisdiction.” Per A.G. IRIKEFE, JSC.
NON COMPLIANCE WITH SECTION 164(2) AND 165 OF THE CRIMINAL PROCEDURE LAW
“Where an accused is represented by counsel throughout a trial, non-compliance with the provisions of Sections 164(2) and 165 of the Criminal Procedure Law will not vitiate the trial.” Per A.G. IRIKEFE, JSC.
NON COMPLIANCE WITH SECTION 164(2) AND 165 OF THE CRIMINAL PROCEDURE LAW
“Where an accused is represented by counsel throughout a trial, non-compliance with the provisions of Sections 164(2) and 165 of the Criminal Procedure Law will not vitiate the trial.” Per A.G. IRIKEFE, JSC.<foo< p=””></foo<>
Legalpedia Citation: (1979) Legalpedia (SC) 15881
In the Supreme Court of Nigeria
Fri Nov 30, 1979
Suit Number: SC. 9/1977
CORAM
IRIKEFE, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
NWAFOR OKEGBU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged for murdering one Oriaku Ojioma. He was tried in the High Court of the East Central State of Nigeria. He was convicted and sentenced to death. He unsuccessfully appealed against his conviction at the court of appeal and further to the Supreme Court.
HELD
The appeal was allowed
ISSUES
Whether, as contended for the appellant for the first time in this court, his trial is rendered null and void on the ground of non-compliance with Section 164 of the Criminal Procedure Law (Cap. 31 – Laws of Eastern Nigeria).
RATIONES DECIDENDI
WHEN ISSUES ARE JOINED IN A CRIMINAL TRIAL
“It is only when an accused pleads either guilty or not guilty to a charge as the case may be, that issues are joined in a criminal trial, and until this happens, he is technically outside the pale of the courts jurisdiction.” Per A.G. IRIKEFE, JSC.
NON COMPLIANCE WITH SECTION 164(2) AND 165 OF THE CRIMINAL PROCEDURE LAW
“Where an accused is represented by counsel throughout a trial, non-compliance with the provisions of Sections 164(2) and 165 of the Criminal Procedure Law will not vitiate the trial.” Per A.G. IRIKEFE, JSC.
NON COMPLIANCE WITH SECTION 164(2) AND 165 OF THE CRIMINAL PROCEDURE LAW
“Where an accused is represented by counsel throughout a trial, non-compliance with the provisions of Sections 164(2) and 165 of the Criminal Procedure Law will not vitiate the trial.” Per A.G. IRIKEFE, JSC.<foo< p=””></foo<>
WHEN ISSUES ARE JOINED IN A CRIMINAL TRIAL
“It is only when an accused pleads either guilty or not guilty to a charge as the case may be, that issues are joined in a criminal trial, and until this happens, he is technically outside the pale of the courts jurisdiction.” Per A.G. IRIKEFE, JSC.<foo< p=””></foo<>
CASES CITED
Bisiriyu Shoaga v. The King – (1952) 14 WACA 22
Edun v. I.G. of Police – (1966) 1 All NLR 17.
Afehe Humbe v. The State – (1974) 1 All NLR (Pt.I) 355
STATUTES REFERRED TO
OTHER CITATIONS
“It is only when an accused pleads either guilty or not guilty to a charge as the case may be, that issues are joined in a criminal trial, and until this happens, he is technically outside the pale of the courts jurisdiction.” Per A.G. IRIKEFE, JSC.<foo< p=””></foo<>
CASES CITED
Bisiriyu Shoaga v. The King – (1952) 14 WACA 22
Edun v. I.G. of Police – (1966) 1 All NLR 17.
Afehe Humbe v. The State – (1974) 1 All NLR (Pt.I) 355
STATUTES REFERRED TO
