OKORUWA & ANOR.
V.
THE STATE

(1975) JELR 46232 (SC)    

Supreme Court  ·  SC.448/1974 ·  1 May 1975 ·  Nigeria
 · 
Other Citations
OKORUWA & ANOR. v. THE STATE (1975) 5 S.C. (REPRINT) 23
CORAM
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
judgment
learned trial judge
court
judge
magistrate
counsel
2nd count
reasons
sentence
decision
law
trial judge
1st count of manslaughter
grounds of appeal
high court judge
notes
opinion
oral judgment
passage
respect of both accused persons
such judgment
1st accused
accused persons
appeal
case of a magistrate
charge no. u
commissioner of police
federal supreme court
first ground
following portion of the record of appeal
formal conviction of the appellant
high court
j. omo eboh
j. omo-eboh
judgment of omo eboh
large number of cases
leading judgment
learned principal state counsel
part of the judgment
point
present appeal
present case
purported sentence
regular judgment of the learned trial judge
supreme court
timothy fadina
t. o. elias
western state
western state of nigeria

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): On Thursday, April 24, 1975, we heard the appeal from the judgment of Omo Eboh, J., given in Charge No. U/11c/71 at the High Court at Ubiaja, Mid-Western State of Nigeria, in which he purported to have sentenced each of the two accused persons to 5 years' imprisonment I.H.L. on the 1st count of manslaughter, but in which he did not pronounce sentence on the 2nd count of negligent driving in respect of both accused persons.

Of the five grounds of appeal filed before us, Mr. Ihensekhien, learned counsel for the appellant who alone has appealed, began by arguing the first ground which reads as follows:-

"The Learned Trial Judge erred in Law in so far as:-

(a) He sentenced the appellant before conviction.

(b) The judgment was not reduced into writing and signed and dated before it was "dictated."

(c) He sentenced the appellant before judgment.

(d) The judgment was reduced into writing, dated and signed when he was already functus off…

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