CORAM
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
1. SOLOMON OGBOH2. STEVEN ALELE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were found guilty of dealing in Indian hemp by the Miscellaneous Offences Tribunal. Hearing notice of the trial was not affected on their counsel.
HELD
The court allowed the appeal and held that the appellants were not given the opportunity to be represented by a legal practitioner of their choice contrary to S.33(6)(b)(c) 1979 Constitution.
ISSUES
Whether the learned Justices of the Court of Appeal were right when they held that the non-service of the hearing notice on counsel for the appellants, consequent upon which appellants were practically compelled to defend themselves personally was not a fundamental vice which affected a fair hearing of this charge and therefore did not constitute a wrongful exercise of the trial courts (sic) discretion.
Whether the learned Justices of the Court of Appeal were right in holding that on the state of the evidence adduced at the trial court, a case of possession was made against the appellants to justify their conviction having regard to the burden of proof
RATIONES DECIDENDI
THE RIGHT OF AN ACCUSED PERSON TO BE REPRESENTED BY COUNSEL
Under section 33(6) (b) and (c) of the Constitution, every person charged with a criminal offence is entitled not only to be given adequate time and facilities for the preparation of his defence, but he is also entitled to defend himself in person or by a legal practitioner of his own choice – Ogwuegbu J.S.C.
IS THE RIGHT TO FAIR HEARING LIMITED TO CAPITAL OFFENCES
Section 33 of the Constitution does not limit the right to fair hearing to offences carrying death sentence. Section 33 (6) applies to every person charged with a criminal offence. – Ogwuegbu J.S.C.
CASES CITED
Michael Udo v. State (1988) 3 NWLR (Pt. 82) 316
Unongo v. Aku (1983) 2 SCNLR 332 at 362-363,
Mohammed v. Kano N. A. (1968) 1 All NLR 42
Kano N. A. v. Obiora (1959) 1 NSCC 189
Ariori & Ors. v. Elemo & Ors. (1983) 1 SCNLR 1
Abieke v. State (1975) 9-11 SC 97 Lori v. State (1980) 8 – 11 SC 81
STATUTES REFERRED TO
The 1979 Constitution