CORAM
D.O. EDOZIE
MUHAMMADU LAWAL UWAIS, J.S.C, JUSTICE, SUPREME COURT (Presided)
SALIHU MODIBBO ALFA BELGORE, J.S.C, JUSTICE, SUPREME COURT
ABUBAKAR BASHIR WALI, J.S.C, JUSTICE, SUPREME COURT
JUMMAI HANNATU SANKEY
PARTIES
SAMUEL EREKANURE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was arraigned before the trial court on a charge of murder. He was found guilty, convicted and sentenced to death. The appellant appealed on grounds that his arraignment was not in accordance with the Criminal Procedure Law of the Bendel State of Nigeria, 1976.
HELD
The Court held that the first trial was a nullity for non-compliance with Section 215 of the Criminal Procedure Law of Bendel State and also a clear breach of Section 33(6) of the 1979 Constitution of the Federal Republic of Nigeria. The Court also ordered a fresh trial of the appellant.
ISSUES
What is the consequential order to make when a trial Judge fails to adhere strictly to the provisions of Section 215 of the Criminal Procedure Law, Cap. 49, Laws of the Bendel State of Nigeria.
RATIONES DECIDENDI
REASONS FOR ORDERING FRESH TRIAL
The reason for ordering a fresh trial in cases of nullity is the interest of justice where the facts presented were such to allow the appellant to walk out of the court as a free man may amount to a miscarriage of justice more so where the facts showed that an offence had been committed – Olatawura, JSC.
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 12 WHAT CONSTITUTES FAIR TRIAL
A man who does not know or understand the details of the nature of the offence with which he is charged and who was subsequently convicted cannot be said to have had a fair trial – Olatawura, JSC.
CASES CITED
1. Eyorokoromo v. The State (1979) 6-9 S.C. 3.
2. Sunday Kajubo v. The State (1988) 3 S.C. 132; (1988) 1 NWLR (PL73) 721.
3. Abedundu & 4 Ors v. The Queen (1959) 4 F.S.C. 70/1-72: (1959) SCNLR 162.
STATUTES REFERRED TO
1. The Supreme Court Act 1960
2. Criminal Procedure Law, CAP.49 Laws of Bendel State of Nigeria
3. The Constitution of the Federal Republic of Nigeria 1979