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ADENIJI
V.
THE STATE

(2001) JELR 39967 (SC)

Supreme Court 25 May 2001 Nigeria
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Case Details

Suit Number:SC.210/1999
Judges:ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Counsel:Chief A. A. Aribisala (with him, F. N. Njoku, Esq.) - for the Appellant For Appellant Prof. Yemi Osinbajo, Attorney-General, Lagos State (with him, Yinka Badamosi, P.S.C.) - for the Respondent. For Respondent
Other Citations:Adeniji v. State (2001) 13 NWLR (Pt.730) 375 (2001) 5 S.C (Pt.II) 100

KATSINA-ALU, JSC (Delivering the Leading Judgment): At the Lagos High Court the appellant Lateef Adeniji was charged with the murder of one Regina Alozie contrary to section 319(1) of the Criminal Code. The case was heard by Oshodi J. who on 28th February, 1986 in a reserved judgment found the appellant guilty of murder and sentenced him to death accordingly. His appeal to the Court of Appeal was dismissed on 28 October, 1999. He has further appealed to this court. The facts of this case are sufficiently embodied in this judgment.

The appellant, before us, raised four issues for determination in this appeal. These read:

1. Whether the trial, conviction and sentence passed on the appellant are not a nullity in view of the failure of the trial court to comply with the mandatory provisions of section 215 of the Criminal Procedure Law Cap. 32. Laws of Lagos State.

2. Whether the trial, conviction and sentence passed on the appellant and affirmed by the Court of Appeal are not a nullity in…

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