TOBBY
V.
THE STATE

(2001) JELR 44277 (SC)    

Supreme Court  ·  SC.41/2000 ·  27 Apr 2001 ·  Nigeria
 · 
Other Citations
TOBBY V. STATE (2001) 4 S.C. (PART II) 160
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
court
section
appellant
plea
appeal
case
trial court
court of appeal
fresh plea
learned trial judge
akwa ibom state
evidence of p.w.
judgment of the trial court
leading judgment
requirements of section
sentence of death
10th day of october
above constitutional provision
above submission
additional grounds
amended appellant
brief of argument
court finds
criminal code
criminal offence
cross river state
defence counsel
entire proceedings
evidence of the accused person
fair trial of an accused person
final result
first time
fresh issues
further appeal
ikot abasi judicial division of the high court
j. part of the record of proceedings
laws of the cross river state
leading judgments
leave of this court
lower court
mandatory provisions of section
medical officer
mrs. nssien
murder case
said provisions
senior state counsel

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant was in 1983 arraigned before the Ikot Abasi Judicial Division of the High Court of then Cross River State, now Akwa Ibom State on an information. The charge against him was that on the 10th day of October, 1980, at Ufet Ikpor, Ikot Akpan Obong village in the Ikot Abasi Judicial Division, he murdered one Akin Dick Udo Udo (f) contrary to section 319 of the Criminal Code, Laws of the Cross River State. The case suffered delays. Even though the offence was committed on 10th October, 1980, the information was not filed until February, 1983 and he was arraigned before Nkereuwem, J., on 15-2-84 when his plea was taken.

Hearing commenced on 16-1-85 before Nkereuwem, J. Three witnesses testified for the prosecution between 16th January, 1985 and 27th March, 1985. It suffered four adjournments and on 21st November, 1985 fresh plea was taken before Akpabio, J., (as he then was). It is not apparent on the record why the case start…

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