H. N. O. AWOYEGBE AND ANOR VS CHIEF OGBEIDE
July 18, 2025OMORHIRHI VS ENATEVWERE
July 18, 2025Legalpedia Citation: (1988) Legalpedia (SC) 40715
In the Supreme Court of Nigeria
Fri Mar 11, 1988
Suit Number: SC. 4/1986
CORAM
P. NNAEMEKA-AGU – JUSTICE, SUPREME COURT
NNAMANI JUSTICE SUPREME COURT
UWAIS JUSTICE SUPREME COURT
OPUTA JUSTICE SUPREME COURT
WALI JUSTICE SUPREME COURT
PARTIES
SUNDAY KAJUBO
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
FAILURE TO READ CHARGE TO ACCUSED IN A CRIMINAL TRIAL-FRESH TRIAL
SUMMARY OF FACTS
The appellant was convicted on a two count charge of robbery and was sentenced to death.
HELD
The Court ordered that the case be remitted to the High Court of Lagos State for a fresh trial of the appellant by another judge of that court.
ISSUES
Are the trial, conviction and sentence passed on the appellant a nullity in view of the omission to comply with the express provisions of section 215 of the Criminal Procedure Law, Cap. 32, the omission being to state to the accused the offence for which he was charged and to explain it to him?
RATIONES DECIDENDI
MEANING OF ARRAIGNMENT.
‘An arraignment consists of charging the accused and reading over and explaining the charge to him to the satisfaction of the court, followed by taking his plea.’- A.B.WALI, JSC
CASES CITED
1. Eyorokoromo v. The State (1979) 6-9 SC.(Reprint) 3;(1979) 6-9 SC.3
2. Macfoy v. United Africa Co. Ltd. (1961) 3 All E.R. 1162
3. Abodundu and & Ors v. The Queen (1959) 4 FSC. 70 at 73
4. Oyediran v. The Republic (1967) NMLR. 122
5. Godwin Josiah v. The State (1985) 1 S.C. 406 at 416
6. R v. Senvinula & 2 Ors, 12 WACA. 68
STATUTES REFERRED TO
1. Criminal Code Law, (Cap. 32), Laws of Lagos State
2. Criminal Procedure Law, Cap. 32, Laws of Lagos State
3. West African Court of Appeal Ordinance (CAP.229)
4. Supreme Court Act No. 12 of 1960
5. Constitution Of The Federal Republic Of Nigeria, 1979
