Legalpedia Citation: (2009-03) Legalpedia 03632 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Mar 27, 2009
Suit Number: SC 52/2008
CORAM
D MUSDAPHER, JUSTICE SUPREME COURT
I F OGBUAGU, JUSTICE SUPREME COURT
F F TABAI, JUSTICE SUPREME COURT
G A OGUNTADE, JUSTICE SUPREME COURT
M S MUNTAKA-COOMASSIE, JUSTICE SUPREME COURT
PARTIES
SAMAILA UMARU
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – RE-TRIAL
SUMMARY OF FACTS
The accused and others were charged and convicted with criminal conspiracy, robbery and culpable homicide. On appeal, the Court of Appeal ordered a retrial before another judge. The appellant has appealed this decision.
HELD
Appeal allowed and the conviction and sentences imposed by the trial court declared null and void.
ISSUES
Whether having regard to all the circumstances of this case, the Court of Appeal exercised its discretion properly in ordering a re-trial
RATIONES DECIDENDI
NON-COMPLIANCE WITH THE CONSTITUTIONAL PROVISIONS
The effect of the non-compliance with the constitutional provisions on the right of an accused person to Counsel in a Criminal Trial is to render the trial a nullity. Per MUSDAPHER, JSC
CIRCUMSTANCES TO BE CONSIDERED FOR ORDERING A RE-TRIAL
Some of the circumstances to be considered for ordering a Re-trial, include the probable duration and expense of a new Trial, the ordeal to be undergone for a second Trial by the accused person, the lapse of time since the commission of the offence and its effect on the quality of evidence, and that there are no such circumstances as would render it oppressive to put the accused person or the Appellant on a Trial a second time. Per OGBUAGU, JSC
CASES CITED
1. Kim v. the State (1992) 4 NWLR (Pt. 233) 17
2. Erekanure v. the State (1993) NWLR. (Pt. 294) 285
STATUTES REFERRED TO
None