STATE (1984)

(1984) JELR 39784 (SC)    

Supreme Court  ·  SC.34/1984 ·  16 Feb 1984 ·  Nigeria
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 of death
federal court of appeal
learned trial judge
favour of the appellant
trial judge
court of appeal
criminal procedure act
western state court of appeal
decision of this court
federal court of appeal act
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
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
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.

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