Legalpedia Citation: (2014-04) Legalpedia (SC) 19401
In the Supreme Court of Nigeria
Fri Apr 11, 2014
Suit Number: SC.119/2010
CORAM
IBRAHIM TANKO MUHAMMAD
PARTIES
SUNKANMI ADEBESIN APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant was charged with an offence of attempted robbery, contrary to the provision of S.2 (1) of the Robbery and Firearms (Special Provisions) Act, 1990 (as amended). The trial Judge found him guilty and sentenced him to life imprisonment. Dissatisfied with the trial Court’s decision, the Appellant appealed to the Court of Appeal. The Court of Appeal allowed the appeal in part, set aside the conviction for attempted armed robbery and imprisonment for life in place of conviction for attempted robbery simpliciter and sentence of 14 years imprisonment, effective from the date of judgment of the trial Court, 21st June 2005. Still dissatisfied with the trial Court’s decision, the Appellant further appealed to Supreme Court.
HELD
Appeal Dismissed
ISSUES
1. Whether the wholesale adoption of the Respondent’s allegation against the appellant by the Court of Appeal without considering the appellant (sic) is not an infringement of his fundamental right to fair hearing under the Constitution of the Federal Republic of Nigeria?
RATIONES DECIDENDI
BIAS AND DENIAL OF FAIR HEARING-WHETHER SYNONYMOUS
“It does not seem to me that every case of denial of right to fair hearing involves bias but every case of proven bias does give rise to a denial of fair hearing to one of the parties to the dispute. Denial of right to a fair hearing is a logical consequence of bias in any proceeding before a Court or a tribunal”. PER NGWUTA, JSC
GROUND OF APPEAL-WHETHER IT IS PERMITTED TO COMBINE A COMPLAINT OF ERROR WITH A COMPLAINT OF ERROR OF FACT THEREIN
“It is not permitted to combine a complaint of error in law with a complaint of error in fact in a ground of appeal”. PER NGWUTA, JSC
BIAS-CATEGORIES OF
Bias can be of three categories:
(1) Peculiar bias as exhibited by a member of the tribunal or Court having a pecuniary interest in the subject matter of the dispute.
(2) Personal bias – existence of close relationship between a member of the tribunal or Court and one of the parties to the dispute, and
(3) Official bias – an abnormal desire or inclination to pursue a pre-determined line of action which would prevent an impartial adjudication of the dispute between the parties. PER NGWUTA, J.S.C.
PER NGWUTA, JSC GROUND OF APPEAL- NATURE OF
“It is the error of law or fact alleged by an appellant as the defect in the judgment appealed against upon which reliance has been placed to set the judgment aside. In other words, it is the reason(s) why the decision is considered wrong by the aggrieved party”. PER NGWUTA, JSC
GROUND OF APPEAL-ERROR OF FACT-WHETHER CAN BE RAISED WITHOUT THE LEAVE OF COURT
An error of fact which constitutes a ground of appeal other than ground of law alone falls within the above Section and cannot be raised without the leave of the Court of Appeal or the leave of the Supreme Court first sought and obtained. It makes no difference that the error of fact for which leave is needed is combined with error of law for which leave is not required. The combination should not be made in any case.
BIAS-WHERE PROVED-EFFECT OF
“If actual bias is proved, as the appellant purports to do, the proceeding is flawed for contravention of Section 36 of the Constitution (supra) providing for right to fair hearing. PER NGWUTA, JSC
BIAS-NATURE OF
“Bias is a state of mind and so is not amenable to precise definition or proof”. PER NGWUTA, JSC
APPEAL-DISTINCTION BETWEEN APPEAL AS OF RIGHT AND APPEAL WITH LEAVE -SECTION 233 OF THE CONSTITUTION
“Section 233 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) draws a distinction between appeal as of right and appeal with the leave of the Court below from which the appeal emanates or the Supreme Court. The Section provides in its sub¬section 2:
“S.233(2): An appeal shall lie from the decision of the Court of Appeal to the Supreme Court as of right in the following cases:
(a)Where the ground of appeal involves questions of law alone, decisions in any
civil or criminal proceedings before the Court of Appeal.
(b) (c) _
(d) (e)and (f).
Section 233 (3) provides:
“Subject to the provisions of sub-section (2) of this Section, an appeal shall lie from the decisions of the Court of Appeal to the Supreme Court with the leave ofthe Court of Appeal or the Supreme Court.” PER NGWUTA, JSC
GROUND OF APPEAL-REASON GIVEN BY AN AGGRIEVED PARTY ON WHY A DECISION IS CONSIDERED WRONG-HOW FOUNDED
“It goes without saying that the reason(s) must be founded either in law or fact but not both in one ground of appeal. In other words and consistent with the definition of ground of appeal above, the error constituting a particular ground of appeal is either error of law or error of fact, but never of law and fact”. PER NGWUTA, JSC
GROUND OF APPEAL-MEANING OF
“A ground of appeal, as understood in the appellate practice, is the allegation of error of law or fact made by an appellant as the defect in the judgment appealed against and on which it is relied upon to set the judgment aside”.
BIAS-ALLEGATION OF-WHEN CAN VITIATE PROCEEDINGS
“An established case of bias or likelihood of bias against a Court or tribunal is a factor vitiating the proceedings. If an allegation of bias is made against a Judge and the circumstances are such that right-minded members of the public would think there is substance in the allegation, the Judge should recuse himself from further proceedings in the matter”. PER NGWUTA, JSC
GROUND OF APPEAL-WHETHER A GROUND OF APPEAL CAN BE A GROUND OF LAW AND OF FACT AT THE SAME TIME
“A ground of appeal cannot be a ground of law and a ground of fact at the same time”. PER NGWUTA, JSC
BIAS-ALLEGATION OF BIAS AGAINST A COURT-HOW CAN BE MADE
“The allegation of bias must originate from the trial Court and condoned by the Court below in affirming the decision of the trial Court before the Court below can be said to be biased”. PER NGWUTA, JSC
CASES CITED
Adio v. AG Oyo State (1990) 7 NWLR (Pt. 163) 448 at 452Albert Akpan v. Senator Effiong Bob & ors (2010) 43 NSCQR 409 at 444Amadi v.Okoh (1977) 7 SC 57Atano v. AG Bendel State (1988) 2 NWLR (Pt. 75) 201;Biogom v. Awam (1995) 7 NWLR (Pt. 410) 692Chidiak v. Laguda (1964) NMLR 123;Dange v. Ndukwoji (1992) 1 NWLR (Pt. 716) p. 221Legal Practitioners Disciplinary Committee v. Fawehinmi (1985) 2 NWLR (Pt. 310) at 333;Metal Construction WA Ltd v. Migliore (1990) 1 NWLR (Pt. 152) 200 at 311Onigbede v. Balogun (2002) FWLR (Pt. 99) 1062Nwadike v. Ibekwe (1987) 4 NWLR (Pt. 67) 718
STATUTES REFERRED TO
Robbery and Firearms (Special Provisions) Act 1990 (as amended)
The 1999 Constitution of the Federal Republic of Nigeria