THE STATE V. TARI SABAGI
March 3, 2025SGT. AKAWU BALA V. NIGERIAN ARMY
March 3, 2025Legalpedia Citation: (2024-06) Legalpedia 73446 (SC)
In the Supreme Court of Nigeria
Fri Jun 21, 2024
Suit Number: SC.CR/414/2020
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
HOLY BONIFACE
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 the 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
1. The appeal was dismissed.
2. The Court held that the unsigned charge rendered the entire proceedings a nullity.
3. The Court affirmed the Court of Appeal’s decision setting aside the trial Court’s judgment.
4. The proper order should have been to strike out the case rather than discharge and acquit.
ISSUES
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 it was proper to discharge and acquit the respondent.
RATIONES DECIDENDI
DEFECT IN CHARGE – TIMING OF OBJECTION
“It is a rudimentary law that the appropriate time to object to any defects in a charge, or an information, is when it is being read and before plea.” — Per OBANDE FESTUS OGBUINYA, J.S.C.
JURISDICTION – FUNDAMENTAL DEFECTS
“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 EFFECT
“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.
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.
CHARGE SHEET – PURPOSE AND SIGNIFICANCE
“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.
NULLITY – EFFECT ON PROCEEDINGS
“If a decision or proceeding is smeared with nullity, it is void and taken as if it was never given or made.” — 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
APPELLATE COURT’S DUTY – CONSIDERATION OF 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.
RETRIAL – GUIDING PRINCIPLES
“A retrial will be ordered if it will satisfy the interest of justice. Therefore, where a retrial will result in injustice or a miscarriage of justice, an appellate Court will not order a retrial.” — Per HABEEB ADEWALE OLUMUYIWA ABIRU, J.S.C.
SIGNING OF CHARGE – LEGAL REQUIREMENT
“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.” — Per OBANDE FESTUS OGBUINYA, J.S.C.
ORIGINATING PROCESS – FUNDAMENTAL NATURE
“A charge/information, an originating process, like a writ of summon, an originating summons or a notice of appeal, is the spinal cord of a criminal matter.” — Per OBANDE FESTUS OGBUINYA, J.S.C.
EFFECT OF DEFECTIVE CHARGE
“The incompetence of the charge/information pollutes the purity of the other processes and proceedings, inclusive of the judgment, and, ipso facto, render them incompetent.” — Per OBANDE FESTUS OGBUINYA, J.S.C.
SIGNING REQUIREMENTS – METHOD AND IMPORTANCE
“All processes filed in Court are to be signed as follows: First, the signature of counsel, which may be any contraption. Secondly, the name of counsel clearly written. Thirdly, who counsel represents. Fourthly, name and address of Legal Firm.” — Per OBANDE FESTUS OGBUINYA, 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?
