JOHN AGAGARIGA ITULE VS THE QUEEN
September 8, 2025OKECHUKWU NATHAN VS FREDERICK OKAFOR
September 8, 2025Legalpedia Citation: (1961-08) Legalpedia 20057 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Aug 11, 1961
Suit Number: SC. 205/1961
CORAM
BRETT, JUSTICE SUPREME COURT
HURLEY, JUSTICE SUPREME COURT
BELLAMY, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
THE QUEEN
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
CRIMINAL LAW – AMENDMENT OF CHARGES-TAKING OF FRESH PLEA
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The trial judge amended the charge against the appellant without taking a fresh plea and asking the appellant if he was ready to be tried on the amended charge.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the trial and conviction was a nullity.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the failure of the trial judge to order a fresh plea to be taking after the charge was amended nullified the trial and conviction of the appellant.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
EFFECT OF FAILURE TO TAKE A FRESH PLEA AFTER CHARGES ARE AMENDED.
‘The omission to take a fresh plea rendered the conviction and sentence a nullity, and they must be set aside.’ Per Brett, AG. C.J.F
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Fox v. Police 12 W.A.C.A. 215
R. v. Eronini 14 W.A.C.A. 366
STATUTES REFERRED TO
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The Criminal Procedure Ordinance
