ALBERT ADEOYE VS MADAM IBIDUN ABIBATU JINADU
August 8, 2025FRANCIS TETE LAWSON & ORS VS THE STATE
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 17631
In the Supreme Court of Nigeria
Thu May 1, 1975
Suit Number: SC. 448/1974
CORAM
TASLIM O. ELIAS, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
PARTIES
SAMSON OKORUWA & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The accused persons were sentenced to 5 years imprisonment on the 1st count of manslaughter but the Trial Court did not pronounce sentence on the 2nd count of negligent driving in respect of the accused persons.
HELD
The Court held that the judgment of the trial court could not stand because it was not written, signed and dated before it was pronounced as apparently it had been dictated to a stenographer in court.
ISSUES
Whether the learned trial Judge was in error in having dictated his judgment in court
RATIONES DECIDENDI
ORAL JUDGEMENT
“It is therefore clear that a magistrate, but not a Judge, may give an oral judgment and record his conclusions briefly. This is because of the large number of cases which the magistrate has to handle, often by summary procedure. A Judge has no similar excuse.” Per ELIAS, CJN
CASES CITED
Sylvanus Unakananba v. Commissioner of Police (1958) 3 F.S.C. 7
STATUTES REFERRED TO
The Criminal Procedure Act
