ELIJAH & ANOR.
V.
STATE

(2002) JELR 44425 (CA)

Court of Appeal · CA/C/34/2001 · 20 Nov 2002 · Nigeria

CORAM

DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellants

decree

trial

order of retrial

case

learned counsel

sub-section

ikot ekpene

firearm tribunal

special provisions

akwa ibom state

entire proceedings of the tribunal

retrial of the appellants

criminal trial

leading judgment

learned trial judge

lone issue

offence of armed robbery

said decree

validity of the trial

consequential provisions

constitution of the federal republic of nigeria

findings of fact

general principle

high court

judicial tribunals

justice of the case

additional grounds of appeal

attorney general of the federation v

circumstance order

conclusion of the case

consequential order

consideration of the commencement date of decree no.

criminal matters

decision of the tribunal

explicit provisions of sub-sections

first original ground of appeal

honourable court

jurisdiction of that tribunal

jurisdiction of the court

laws of the federation

queen v

question of retrial of the appellants

respect of trial

state high court of the particular area

such cases

terms of an order of retrial

view of that court

vocal point

S. A. OLAGUNJU, J.C.A. (Delivering the Leading Judgment): The 2 appellants were tried jointly with 8 others for the offence of armed robbery punishable under sub-section 1(2) (a) of the Robbery and Firearm (Special provisions) Act. Cap. 398 of the Laws of the Federation of Nigerian 1990, by the Robbery and Firearm Tribunal holden at Ikot Ekpene in Akwa Ibom State. The trial began following the plea of each accused person taken on 7/9/98, ran through to 27/5/99 when the learned counsel concluded their addresses and the case was adjourned to 3/6199 when judgment was delivered.

Each accused was convicted and sentenced to death.

In the meantime, on 28/5/99, Tribunal (Certain Consequential Amendments, etc.) Decree, No. 62 of 1999, to be contracted to 'Decree 62 of 1999' in subsequent references, was promulgated. It dissolved from that day certain Judicial Tribunals including Robbery and Firearm Tribunal which tried and convicted the appellants along with 8 others and vested the jurisdictio…

ELIJAH & ANOR. V. STATE

ELIJAH & ANOR.
V.
STATE