SAMUEL ADAJE VS THE STATE
August 1, 2025DR J.O.J OKEZIE V. FEDERAL ATTORNEY GENERAL
August 1, 2025Legalpedia Citation: (1979-06) Legalpedia 70425 (SC)
In the Supreme Court of Nigeria
LAGOS
Fri Jun 15, 1979
Suit Number: SC.2/1979
CORAM
SOWEMIMO JUSTICE, SUPREME COURT
IRIKEFE JUSTICE, SUPREME COURT
BELLO JUSTICE, SUPREME COURT
ESO JUSTICE, SUPREME COURT
ANIAGOLU JUSTICE, SUPREME COURT
PARTIES
SELE EYOROKOROMO
FRESH EBIKEME
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
POWERS OF APPEAL COURTS IN NIGERIA TO ORDER A RETRIAL.
SUMMARY OF FACTS
The appellants were convicted in the High Court on a charge of murder and were sentenced to death. They appealed to the court of appeal based on their conviction, and it was held that their trial was a nullity because no plea of the appellants was taken at the trial. The learned Principal State Counsel, who appeared for the respondent in that court, conceded the point but urged that court to order a retrial. It was granted. The appellants were not satisfied with the order for a retrial and appealed to the Supreme Court.
HELD
The appeal was dismissed and the order for a retrial was confirmed.
ISSUES
Whether from the circumstances of the case the Court of Appeal was right in ordering a retrial of the appellants after that court had declared their trial in the High Court a nullity.
The learned Judges of the Court of Appeal erred in law by ordering the retrial of the appellant (sic) when the proper order in circumstances of the appeal would have been that of discharge and acquittal.
RATIONES DECIDENDI
EXCEPTIONS TO THE WEST AFRICAN COURT OF APPEAL HAVING NO POWER TO ORDER A RETRIAL
“The West African Court of Appeal had no power at all to order a retrial as such except the powers conferred under the provisions of Section 12(5) of the West African Court of Appeal Ordinance, Cap. 229, 1948 Laws of Nigeria.”
CASES CITED
None.
STATUTES REFERRED TO
None.
