ALFRED ELIJAH V. THE STATE

MUNTAKA-COOMASSIE JSC (Delivering the Lead Judgment):

The appellant and one John Boye and 10 others were arraigned before the Robbery and Firearms Tribunal, Ikot Ekpene, Akwa Ibom State headed by Justice Philomena Etim, and on 3 June 1999, all the accused persons were convicted of the offence of armed robbery contrary to section 1(2) of the Armed Robbery and Firearms (Special Provisions) Act, Cap. 398, Laws of the Federation of Nigeria.

Before the trial tribunal concluded the hearing and delivered its judgment, the Federal Government passed into law, the Tribunal (Certain ConsequentialAmendment etc)Decree on28 May 1999, while the judgment of the tribunal was delivered on 3 June 1999. Section 2(1)(2) of the said Decree dissolved all tribunals established in any of the enactments specified in the schedule thereto and transferred all the part-heard cases to the Federal

High Court or High Court of a State; particularly section (1)(b) of the Decree provides as follows:

“where any part-heard ma…