CORAM

John Inyang Okoro Justice of the Supreme Court of Nigeria

Adamu Jauro Justice of the Supreme Court of Nigeria

Emmanuel Akomaye Agim Justice of the Supreme Court of Nigeria

Obande Festus Ogbuinya Justice of the Supreme Court of Nigeria

Habeeb Adewale Olumuyiwa Abiru Justice of the Supreme Court of Nigeria

PARTIES

THE STATE

APPELLANTS 

ALEX AMOS

RESPONDENTS 

AREA(S) OF LAW

CRIMINAL LAW AND PROCEDURE, CONSTITUTIONAL LAW, EVIDENCE, JUDICIAL PRECEDENT, JURISDICTION, PRACTICE AND PROCEDURE, HUMAN RIGHTS

SUMMARY OF FACTS

The case arose from events that occurred on January 18, 2017, in Kadamum village, Demisa Local Government Area of Adamawa State. Mohammed Siddi and other cattle herders, including 10-year-old Adamu Bello, were herding cattle near a river when they encountered an unknown person near a running generator. The herders fled, but Adamu Bello was caught. A gunshot was heard, and when the police investigated, they found bloodstains, signs of dragging, and Adamu’s blood-stained cap, but his body was never found. The respondent and four others were arrested and charged before the High Court of Adamawa State on a five-count charge, including criminal conspiracy, culpable homicide punishable with death, inciting disturbance, mischief by killing or maiming animals, and causing the disappearance of evidence. After trial, the High Court convicted and sentenced the respondent to death and terms of imprisonment. On appeal, the Court of Appeal set aside the conviction, declaring the trial a nullity due to an unsigned charge sheet. The State appealed to the Supreme Court.

HELD

ISSUES

1. Whether the Court of Appeal was correct in holding that the matter was not initiated before the trial Court by due process of law and upon fulfillment of a condition precedent to the exercise of jurisdiction, thereby rendering the whole exercise futile, and whether the proper order should have been discharge and acquittal?

RATIONES DECIDENDI

CHARGE SHEET – FUNDAMENTAL NATURE AND PURPOSE:

“A charge denotes a formal accusation of an offence as a preliminary step to prosecution… The primary purpose of a charge is to give an accused person good, sufficient, and clear notice of the case against him.” – Per OBANDE FESTUS OGBUINYA, J.S.C.

UNSIGNED CHARGE – EFFECT ON PROCEEDINGS:

“An unsigned document, a fortiori an originating process, commands no probative value as it cannot boast of the origin/source of its maker. An unsigned document creates grave doubt as to its authenticity in law.” – Per OBANDE FESTUS OGBUINYA, J.S.C.

VALIDITY OF CRIMINAL PROCEEDINGS – REQUIREMENTS:

“The law remains, though, generally, that a criminal charge which is not signed by the Hon. Attorney General or an authorized officer in his department would be fundamentally defective for the purpose of institution or initiation of criminal proceedings.” – Per OBANDE FESTUS OGBUINYA, J.S.C.

JURISDICTION – ESSENTIAL REQUIREMENTS:

“A Court of law is invested with jurisdiction to hear a matter when:

1. it is properly constituted…

2. the subject matter of the case is within its jurisdiction…

3. the case comes before the Court initiated by due process of law.” – Per OBANDE FESTUS OGBUINYA, J.S.C.

DEFECTIVE ORIGINATING PROCESS – EFFECT:

“All other processes and proceedings trace their paternity and validity to an originating process, the charge/information herein… the incompetence of the charge/information pollutes the purity of the other processes and proceedings.” – Per OBANDE FESTUS OGBUINYA, J.S.C.

STRIKING OUT VS DISCHARGE AND ACQUITTAL:

“It is, therefore, not in sync with the criminal jurisprudence to formally discharge and acquit the respondent, who had not gone through the crucible of criminal trial on the merits, on the footing of proceedings that were enveloped in a nullity.” – Per OBANDE FESTUS OGBUINYA, J.S.C.

OBJECTION TO JURISDICTION – TIMING:

“Where the defect in a charge is so fundamental that it goes to the jurisdiction and competence of the Court, the doctrine of waiver of right to objection vaporizes and takes to flight.” – Per OBANDE FESTUS OGBUINYA, J.S.C.

NULLITY – EFFECT ON PROCEEDINGS:

“Where the defect in a charge is so fundamental that it goes to the jurisdiction and competence of the Court, the doctrine of waiver of right to objection vaporizes and takes to flight.” – Per OBANDE FESTUS OGBUINYA, J.S.C.

RETRIAL – PRINCIPLES GOVERNING ORDER:

“Where the defect in a charge is so fundamental that it goes to the jurisdiction and competence of the Court, the doctrine of waiver of right to objection vaporizes and takes to flight.” – Per OBANDE FESTUS OGBUINYA, J.S.C.

UNSIGNED DOCUMENTS – LEGAL STATUS:

“The law is trite that an unsigned document is a worthless piece of paper with no probative value. It does not matter whether it was objected to at the point of tendering, or as in this case, during plea.” – Per JOHN INYANG OKORO, J.S.C.

JURISDICTION – FUNDAMENTAL NATURE:

“The parties cannot by waiver, consent, collusion, indolence, compromise, acquiescence or estoppel, or any guise, vest jurisdiction on a Court where none exists or oust the Court of jurisdiction which is bestowed on it.” – Per OBANDE FESTUS OGBUINYA, J.S.C.

SIGNING OF CHARGE – LEGAL REQUIREMENT:

“A legal practitioner, in the mind of the law, is one entitled to practice as a barrister and solicitor and whose name is on the roll of legal practitioners as decreed by the provisions of Sections 2(1) and 24 of the Legal Practitioners Act.” – Per OBANDE FESTUS OGBUINYA, J.S.C.

APPELLATE COURT’S DUTY – CONSIDERATION OF ALL ISSUES:

“It is incumbent on a lower Court in the judicial hierarchy to resolve all the issues for determination raised or submitted by the parties before it for adjudication and not select one or some of the issues and decide the case thereon.” – Per HABEEB ADEWALE OLUMUYIWA ABIRU, J.S.C.

CASES CITED

STATUTES REFERRED TO

1. Constitution of the Federal Republic of Nigeria, 1999 (as amended)

2. Criminal Procedure Code, Laws of Adamawa State, 1997

3. Penal Code, Laws of Adamawa State, 1997

4. Legal Practitioners Act, Cap L11, Laws of the Federation of Nigeria, 2004

5. Court of Appeal Act

6. Supreme Court Act

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