NMA V. STATE

HABEEB ADEWALE OLUMUYIWA ABIRU, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Abuja Judicial Division, delivered on the 10th of December, 2021 in Appeal No CA/ABJ/CR/466/2020, and which set aside the judgment of the High Court of Niger State delivered on the 30th of January, 2017 in Charge No NSHC/NB/2C/2010 wherein the High Court had convicted the Appellant for the offences of conspiracy and culpable homicide not punishable with death. The Court of Appeal declared that the judgment of the High Court was a nullity as the proceedings leading up to the judgment were conducted in breach of the right of the Appellant to fair hearing and it remitted the case file to the Chief Judge of Niger State for reassignment to another Judge to hear the matter de novo.

The Appellant was one of seven persons arraigned before the High Court of Niger State on a two-count charge of conspiracy to do an illegal act and culpable homicide punishable with …