ADETOKUNBO
V.
STATE (1984)

(1984) JELR 39784 (SC)

Supreme Court · SC.34/1984 · 16 Feb 1984 · Nigeria

CORAM

MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria

Core Terms ^Beta

sentence

appeal

sentence of death

federal court of appeal

learned trial judge

conviction

counsel

court

record

view

favour of the appellant

state

trial judge

case

court of appeal

criminal procedure act

evidence

police

western state court of appeal

attention

decision of this court

federal court of appeal act

judge

matter

prescribed form

record of proceedings

trial court

alleged failure of the learned trial judge

appeal lacks merits

brother bello

careful examination of the record

circumstantial evidence

confessional statement

eso

exact form

following form

hearing of the appeal

high court

issue of sentence

issue of the evidential value of the statement

lower courts

married woman

observation

provisions of section

question of sentence

strong evidence

supreme court act

totality of the evidence

trial courts

victim adepeju fanimo

BELLO, J.S.C. (Delivering the Leading Judgment): The appellant was convicted of murder and his appeal against that conviction was dismissed by the Federal Court of Appeal. On the issue of sentence the Court of Appeal thought that the trial judge did not pronounce sentence of death in accordance with the provisions of section 367(2) of the Criminal Procedure Act and remitted the case to the trial court before Abimbola, J. with direction to pronounce sentence in the terms provided by the section. Abimbola, J. as he was then, was unable to comply with the direction because he had ceased to be a judge at the material time.

At the hearing of the appeal before us learned counsel for the appellant had nothing useful to urge in favour of the appellant in respect of the conviction. On the question of sentence, he urged us to exercise our power under section 30 of the, Supreme Court Act read with section 24 of the Federal Court of Appeal Act and pronounce sentence of death accordingly.

I am sa…

ADETOKUNBO V. STATE (1984)

ADETOKUNBO
V.
STATE (1984)