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RICHARD BOYI v. A-G., BENDEL STATE

(1984) JELR 45266 (SC)

Supreme Court  •  SC.60/1984  •  27 Sep 1984  •  Nigeria

Coram
MOHAMMED BELLO JSC; DAHUNSI OLUGBEMI COKER JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Judgement

BELLO, J.S.C: (Presiding): The appellant was convicted of murder by the High Court of Bendel State. The Court of Appeal heard his appeal against that conviction on 13th September, 1983 and reserved judgment on a date to be notified. Under the circumstances section 258 of the Constitution required that the Court of Appeal ought to deliver judgment by 13th December 1983. On 10th January 1984 the Court of Appeal re-opened the appeal and after hearing further argument reserved judgment which it delivered on 21st February, 1984. Having regard to the decision of this Court in Chief Ifezue v. L. Mbadugha SC.68/1982 delivered on 18th May, 1984 the judgment of the Court of Appeal is a nullity and is hereby set aside.

Accordingly the appeal is allowed. The case is remitted to the Court of Appeal for hearing de novo.

COKER, J.S.C.: This appeal is allowed. The Court of appeal gave its decision more than three months after the date it was reserved, contrary to the provision of section 258 of the 1…

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