OMOSAYE
V.
STATE

(2014) JELR 40272 (SC)    

Supreme Court  ·  SC.198/2012 ·  24 Jan 2014 ·  Nigeria
CORAM
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
Core Terms Beta
person
trial court
lower court
order of retrial
capital offence
criminal procedure act
offence of murder
accused persons
accused person
court of appeal
facts of the case
trial of the appellant
2nd accused
3rd accused person
criminal offence
eyes of the law
judgment of the trial court
present case
retrial of the appellant
criminal code cap
first accused
following factors
judge of the high court of ondo state
laws of ondo state
leading judgment
learned trial judge
lower court ought
ondo state high court
order of discharge of the appellant
person francis omosaye
proof of evidence
sc nlr
sentence of death
alleged offence
appeal no.ca
appellate court orders
breach of section
circumstances of this case
decision of the ondo state high court
entire proceedings of the trial court
judge of the trial court
learned principal legal officer
lower appellate court
plea of the accused persons
provision of a legal practitioner
said guiding principles
trial abinitio
undisputed facts of the case

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): In its judgment delivered on 8th day of March, 2012 allowing appeal No.CA/B/220C/2006 against the decision of the Ondo State High Court, hereinafter referred to as the trial court, the Court of Appeal sitting at Akure, hereinafter referred to as the court below, nullified the entire proceedings of the trial court and set aside appellant's conviction for murder contrary to Section 316 (6) and the sentence of death under Section 319 (1) of the Criminal Code Cap 30 Vol. II Laws of Ondo State. The court further ordered the "retrial of the appellant by a judge of the High Court of Ondo State other than Odunwo J."

Dissatisfied with the judgment, the appellant has appealed against same to this Court on a notice dated 8th but filed on the 14th day of May, 2012. The undisputed facts of the case that brought about the appeal are as briefly stated below.

The appellant and three others were charged before the Ondo State High Court f…

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