CORAM

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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

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PARTIES

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THE STATE

APPELLANTS 

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JERRY GIDEON

RESPONDENTS 

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AREA(S) OF LAW

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CRIMINAL LAW AND PROCEDURE, CONSTITUTIONAL LAW, ADMINISTRATIVE LAW, PRACTICE AND PROCEDURE, EVIDENCE LAW, JURISDICTION

 

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SUMMARY OF FACTS

The case originated from events on January 18, 2017, in Kadamum village in Demisa Local Government Area of Adamawa State. Mohammed Siddi, Ori Sarti, Adamu Bello and other cattle herders were tending their cattle near a river when they encountered an unknown person near a farm with a running generator. Fearing they would be shot at, they fled, but Adamu Bello, a 10-year-old boy, was caught by their pursuers. Mohammed Siddi heard Adamu Bello crying followed by a gunshot. After informing Alhaji Buba (their father), they reported the incident to the Police. Investigation of the scene revealed blood stains, signs of dragging, and Adamu’s blood-stained cap, though his body was not found.

The respondent (Jerry Gideon) and four others were arrested and charged before the High Court of Adamawa State on a five-count charge for criminal conspiracy, culpable homicide punishable with death, inciting disturbance, mischief by killing or maiming animals, and causing disappearance of evidence under various sections of the Penal Code. After trial, where the prosecution called six witnesses and the defendants testified in their defense, the trial court convicted and sentenced them to death and terms of imprisonment.

The respondent appealed to the Court of Appeal, which declared the trial a nullity due to the unsigned charge sheet. The State then appealed to the Supreme Court.

 

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HELD

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1. The appeal was dismissed.

2. The Court affirmed that an unsigned charge sheet is worthless and commands no probative value in law.

3. The trial court’s proceedings were declared a nullity for want of jurisdiction.

4. The Court of Appeal’s judgment was affirmed, though with the modification that the case should be struck out rather than resulting in discharge and acquittal.

5. Each party was to bear their own costs.

 

 

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ISSUES

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1. Whether the Court of Appeal erred when it held 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 trial an exercise in futility ?

 

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RATIONES DECIDENDI

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CHARGE SHEET – FUNDAMENTAL NATURE OF A CHARGE IN CRIMINAL PROCEEDINGS

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“It is now a settled elementary law that an originating process, like writ of summons, originating summons and notice of appeal, must be signed by a legal practitioner, who prepared it, in order to infuse validity into it.” – Per Obande Festus Ogbuinya, JSC

 

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EFFECT OF UNSIGNED CHARGE – IMPACT ON COURT’S JURISDICTION

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“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 or (sic) institution or initiation of criminal proceedings before the trial High Court.” – Per Obande Festus Ogbuinya, JSC

 

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UNSIGNED DOCUMENTS – LEGAL STATUS AND EFFECT

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“An unsigned document creates grave doubt as to its authenticity in law” – Per Obande Festus Ogbuinya, JSC

 

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TIMING OF JURISDICTIONAL OBJECTIONS – WHEN THEY CAN BE RAISED

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“An issue of jurisdiction, which is the blood, lifeline and heartbeat of adjudication, can be raised at any stage of the proceeding, even for the first time in the Supreme Court.” – Per Obande Festus Ogbuinya, JSC

 

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EFFECT OF JURISDICTIONAL DEFECT – CONSEQUENCES ON PROCEEDINGS

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“Where a Court is disrobed of the jurisdiction to handle a matter, the proceedings, no matter the quantum of industry, artistry, dexterity or transparency invested in it, will be marooned in the nest of nullity” – Per Obande Festus Ogbuinya, JSC

 

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NULLITY – MEANING AND EFFECT IN LAW

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“Nothing; no proceeding; an act or proceeding in a case which the opposite party may treat as though it had not taken place; or which has absolutely no legal force or effect” – Per Obande Festus Ogbuinya, JSC

 

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SIGNING OF COURT PROCESSES – PROPER METHODOLOGY

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“What then is so important about the way counsel chooses to sign processes? Once it cannot be said who signed a process it is incurably bad…. 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, JSC

 

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JURISDICTION – ESSENTIAL COMPONENTS

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“A Court of law is invested with jurisdiction to hear a matter when: 1. it is properly constituted as regards numbers and qualifications of members of the bench, and no member is disqualified for one reason or another; and 2. the subject matter of the case is within its jurisdiction, and there is no feature in the case which prevents the Court from exercising its jurisdiction; and 3. the case comes before the Court initiated by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction” – Per Obande Festus Ogbuinya, JSC

 

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CONDITION PRECEDENT – DEFINITION AND APPLICATION

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“The one that delays the vesting of a right until the happening of an event” – Per Obande Festus Ogbuinya, JSC

 

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WAIVER OF DEFECTS – LIMITS OF APPLICATION

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“The parties cannot by waiver, consent, collusion, indolence, compromise, acquiescence or estoppel, or any guise, vest jurisdiction on Court where none exists or oust the Court of jurisdiction which is bestowed on it” – Per Obande Festus Ogbuinya, JSC

 

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UNSIGNED DOCUMENTS – EVIDENTIARY VALUE

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“The Courts are blind to any document that is not signed. That explains the provision of Section 200 of the Criminal Procedure Code Cap 39 Laws of Adamawa State 1997” – Per Obande Festus Ogbuinya, JSC

 

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CRIMINAL TRIAL – GRAVITY AND REQUIREMENTS

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“A criminal trial is not a tea party but a grave responsibility entrusted on the State. It is for this reason that it is provided by the law that the charge against the accused person be signed.” – Per Obande Festus Ogbuinya, JSC

 

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EFFECT OF INVALID ORIGINATING PROCESS

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“The validity of the originating process in a proceeding before a Court is fundamental, as the competence of the proceeding is a condition sine qua non to the legitimacy of any suit.” – Per Obande Festus Ogbuinya, JSC

 

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CASES CITED

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STATUTES REFERRED TO

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

2. Criminal Procedure Code, Cap 39 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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