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OKEGBU
V.
THE STATE

(1979) JELR 49372 (SC)    

Supreme Court  ·  SC.9/1977 ·  9 Nov 1979 ·  Nigeria
 · 
Other Citations
Okegbu v. State (1979) 11 S.C. 1 (1979) All N.L.R 200
CORAM
AYO GABRIEL IRIKEFE JSC KAYODE ESO JSC CHUKWUNWEIKE IDIGBE JSC ANTHONY NNAEMEZIE ANIAGOLU JSC MOHAMMED BELLO JSC

Ratio Decidendi

Core Terms Beta
court
charge
case
section
trial
provisions of section
criminal procedure law
trial court
court of appeal
first amendment
accused person
miscarriage of justice
set aside
such alteration
federal court of appeal decree
laws of eastern nigeria
new charge
federal supreme court
oriaku ojioma
such charge
amended form
case of the prosecution
commencement of the trial
following words
ground of a wrong decision
mandatory provisions of sections
name of the murdered person
purported amendment
above section
case of the first amendment
course of this address
court finds
criminal appeal act
criminal code
evidence of p.w.9
first time
further amendment of the charge
high court of the east central state of nigeria
judgment of the learned trial judge
last-minute application
leading judgment
learned prosecuting counsel
number of grounds
peculiar circumstances of a given case
proceedings null
purpose of this final appeal
s.163 of the criminal procedure law
said section
short point
transcript of evidence


A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): The Appellant herein was charged under Section 319(1) of the Criminal Code (Cap. 30 - Laws of Eastern Nigeria) with having, on the 8th day of November, 1974 at Mata Obofia Awgu, in the Enugu Judicial Division, murdered one Oriaku Ojioma, alias Oriaku Ojioma Obu alias Oriaku Oji. He was tried by Okagbue, J. (as he then was) in the High Court of the East Central State of Nigeria and at the end thereof was convicted and sentenced to death. He then appealed unsuccessfully to the Court of Appeal against his conviction on a number of grounds, none of which is relevant for the purpose of this final appeal.

The short point raised in this appeal is whether, as contended for the appellant for the first time in this court, his trial is rendered null and void on the ground of non-compliance with Section 164 of the Criminal Procedure Law (Cap. 31- Laws of Eastern Nigeria).

The non-compliance relied upon came about when the charge on which th…

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