IKENTA BEST (NIG.) LIMITED V ATTORNEY
May 30, 2025CALABAR CENTRAL CO-OPERATIVE THRIFT & CREDIT SOCIETY LTD & ORS V BASSEY EBONG EKPO
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 41180
In the Supreme Court of Nigeria
Fri Feb 15, 2008
Suit Number: SC.167/2007
CORAM
NIKI TOBI, JSC JUSTICE, SUPREME COURT(Lead Judgment)
SUNDAY AKINOLA AKINTAN JSC,JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN JSC JUSTICE, SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC,JUSTICE, SUPREME COURT.
PARTIES
SAMUEL AYO OMOJU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was made to excrete the heroine he was carrying and charged for the commission of the offence. He pleaded guilty and was convicted. He subsequently appealed on the grounds that he was charged under non- existing law and that there was no compliance with the Criminal Procedure Act. The lower court corrected the error in the misstatement of the law.
HELD
The court dismissed the appeal.
ISSUES
1. Whether the Appellant can be convicted on a non-existing law?
2. Whether notwithstanding the plea of guilt by the Appellant, the Respondent ought not to discharge the burden of proof placed on it by the law?
3. Whether there exists strict compliance with section 218 of the Criminal Procedure Act when Appellant took his plea?
RATIONES DECIDENDI
PLEA OF GUILTY BY AN ACCUSED PERSON LESSENS THE BURDEN OF PROOF ON THE PROSECUTION
If an accused person pleads guilty, the burden of proof placed on the prosecution becomes light, like a feather of an ostrich. It no longer remains the superlative and compelling burden of proof beyond reasonable doubt – Tobi J.S.C
AN ACCUSED PERSON WHO PLEADS GUILTY IS NOT ENTITLED TO A HEARING
An accused person who pleads guilty to an offence is not entitled to a hearing … by entering a guilty plea, hearing is foreclosed, as the next and last procedural step of the Judge is to convict and pass appropriate sentence- Tobi J.S.C.
IRREGULARITY CAN BE CORRECTED ON APPEAL
A mere irregularity which does not render the proceedings a nullity can be corrected on appeal- Akintan J.S.C
CASES CITED
1. Skenconsult (Nig) Ltd. v. Ukey (1981) 1 SC. 6;
2. Victor Rossek & Ors v. African Continental Bank Ltd. & Ors. (1993) 8 NWLR (Pt. 312) 382.
STATUTES REFERRED TO
The Criminal Procedure Act
