ADETOKUNBO
V.
STATE (1984)
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…