(1984) JELR 46447 (SC)    

Supreme Court  ·  SC.42/1984 ·  1 Nov 1984 ·  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 BOONYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
Core Terms Beta
high court
armed robbery tribunal
court of appeal
double jeopardy
mr. akinrinsola
ibadan high court
1st october
constitution of the federal republic of nigeria
armed robbery cases
2nd p
court of competent jurisdiction
criminal offence
decree no.
ground of appeal
high court of the state
special provisions
fair hearing
issue of fair hearing
merit of the case
plea of autrefois convict
12th day of october
best friend
case of conspiracy
counsel of his right
dictum of the learned justice of the supreme court
facts of this case
following passage page
frequent visits
honourable court of appeal
learned author
learned counsel
leave of this court
mandara vs attorney-general of the federation
omnibus ground of appeal
only ground
plea of double jeopardy
powers of the attorney-general
purported judgment
purported tribunal
second trial
subsequent trial
united states

OBASEKI, J.S.C. (Presiding): This appeal is totally devoid of merit and must be dismissed. Learned counsel for the appellant withdrew the original and omnibus ground of appeal and it was struck out. He was left with the ground filed with leave of this Court which reads:

''The Honourable Court of Appeal erred in law and misdirected itself when it affirmed the following passage page 78 thus:

'It was a case of conspiracy to steal and false pretence. There is no merit in the appeal which is accordingly dismissed. The conviction and sentence shall remain.' "

But learned counsel went on to submit that he was not challenging the merit of the case.

In my view, that concession totally destroyed the ground of appeal. Counsel's further concession that he is not supporting the plea of autrefois convict which was raised in the High Court in my view disentitles learned counsel of his right to argue the plea of double jeopardy before us. Section 33(9) of the Constitution of the Federal Republic of …

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