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ADENIJI
V.
THE STATE

(1999) JELR 43727 (CA)

Court of Appeal 28 Oct 1999 Nigeria
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- The appellant was convicted of murder and sentenced to death. - The appellant raised two grounds of appeal: the constitutionality of the death penalty and the sufficiency of evidence. - The Supreme Court has previously ruled that the deat

Case Details

Suit Number:CA/L/210/96
Judges:GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Counsel:Tunde Fagbounlu For Appellant B. B. Ayodele (Mrs) (Assistant Director of Public Prosecution, Lagos State) For Respondent
Other Citations:Adeniji v. State (2000) 2 NWLR (Pt.645) pg. 355 LATEEF ADENIJI v. THE STATE, (2001) 13 NWLR (Pt. 730) 375, (2001) JELR 54746 (SC), (2001) JELR 74709 (SC)

OGUNTADE, JCA (Delivering the Leading Judgment): The appellant was arraigned on an information before the High Court sitting at Ikeja, Lagos State (Coram Ajao-Oshodi J.) on a charge of murder contrary to Section 319(1) of the Lagos State Criminal Code Law. He was convicted of the offence and accordingly sentenced to death.

Dissatisfied with his conviction, the Appellant has brought this appeal.

In his amended Notice of appeal, the two grounds of appeal raised by the appellant read:

"1. The learned trial Judge erred in law when he passed a sentence of death on the appellant, Lateef Adenijji.

PARTICULARS OF ERROR

1. The provisions of the Criminal Code of Lagos State which prescribes (sic) penalty of death in relation to the capital offence of murder is contrary to and inconsistent with section 31(1)(a) of the Constitution of the Federal Republic of Nigeria, 1979 and so null and void and of no effect.

2. The Learned trial Judge erred in law when he convicted and sentenced the appella…

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