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…

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