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UDOFIA
V.
THE STATE

(1988) JELR 42808 (SC)

Supreme Court 1 Jul 1988 Nigeria
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- The appellant was charged with the murder of his mother and assigned counsel through the Legal Aid Council, but counsel repeatedly failed to attend court or mount a meaningful defence, including neglecting possible insanity as a defence.

Case Details

Suit Number:SC.132/1987
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria
Counsel:Mr. Jide Oki (with him O. Ogundipe) For Appellant Mr. U.E. Essang, D.P.P. Akwa Ibom State For Respondent
Other Citations:Udofia v. State (1988) NWLR (Pt.84) 533 (1988) 7 S.C (Pt III) 59

OPUTA, JSC (Delivering The Leading Judgment): On the 19th day of May, 1988, the Court allowed this appeal, ordered a retrial and indicated that reasons for judgment will be given today the 1st day of July, 1988. Hereunder are my reasons.

This case is important because it exposes the laxity and lack of seriousness of some young members of the profession. It mirrors and reflects the general and steady decline in the standard of professional responsibility required of counsel defending an accused person on the gravest of all charges - murder - attracting the death penalty. On the 24th June, 1988, this Court delivered judgment in Sc. 124/1987: Michael Udo Udo v. The State (1988) 3 NWLR (Pt. 82) 316. There, the counsel defending the accused charged with murder was conspicuously absent when 2 important witnesses testified. His cross-examination on the days he was present was feeble and half-hearted. When ultimately called upon to deliver his final address all he said was - "I leave the matt…

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