J.O. AMAWO & ANOR VS ATTORNEY-GENERAL NORTH CENTRAL STATE & 2 ORS
August 15, 2025OLADUNNI AKERELE VS JIMOH ALAPATA
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 28611
In the Supreme Court of Nigeria
Fri Jun 15, 1973
Suit Number: SC. 80/1973
CORAM
COKER, JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
OKAFOR UMEZE & 7 ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants are jointly charge with murder and convicted, hence the appeal in issue of jurisdiction was raised.
HELD
The court held that the appeal was allowed and declared the proceeding a nullity and the appeal was allowed.
ISSUES
1. Whether the decision to order a retrial or refrain from doing so has in the absolute discretion of the DPP.
2. TO order a retrial would be an infringement of Section 22[2] OF The constitution which provide that “whenever any person is charge with criminal offence they shall unless the charge is withdraw be entitled to a fair hearing within reasonable time by a court. PER IRIKEFE J.S.C.
RATIONES DECIDENDI
THE JURISDICTION OF THE MAGISTRATE COURT TO ENTERTAIN A MURDER CASE
.
CASES CITED
1. R VS SODIPO [1948] 12 WACA P.374.
2. DPP VS CRANE [1921]15 CAR .P.183.
3. ATTORNEY GENERAL VS AFRICAN PRESS LTD AND ORS [I965] NWLR P. 158.
STATUTES REFERRED TO
1. CRIMINAL PROCEDURE CODE.
2. S.22 [2] CONSTITUTION.
