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BRIGADIER GENERAL JAMES OMEBIJE ABDULLAHI v. NIGERIAN ARMY & ORS

(2018) JELR 38634 (SC)

Supreme Court  •  SC.433/2010(R)  •  25 May 2018  •  Nigeria

Coram
OLUKAYODE ARIWOOLA JSC KUMAI BAYANG AKA'AHS JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC AMINA ADAMU AUGIE JSC PAUL ADAMU GALINJE JSC

Judgement

AMINA ADAMU AUGIE, JSC (Delivering the Lead Ruling): This Application for substitution raises a novel issue of whether Applicants can be substituted for the deceased Appellant, who had a pending criminal appeal, before his death on 22/10/2014. The Applicants acknowledge that the general principle of law is that upon the death of the Accused Person, during the trial or on appeal, the proceedings terminates. But they believe that the situation they are faced with, following the death of the deceased Appellant, is unique, and a blanket application of the general principle would not be just or equitable.

It is this premise that Applicants, who are Administrators of the deceased Appellant's Estate, filed this praying tor the following -

1. AN ORDER of this Honourable Court substituting the name of Brigadier General James Omebije Abdullahi [deceased Appellant), with that of Mrs. Elizabeth Abdullahi and Abdullahi Akoji Leroy (Administrators of the Estate of Late Brigadier General James Omebijeā€¦

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