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SYLVESTER OGBOMOR V. THE STATE

(1985) JELR 42566 (SC)

Supreme Court  •  SC.127/1984  •  15 Feb 1985  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Judgement

A. G. KARIBI-WHYTE, J.S.C. (Delivering the leading judgment): This case was argued on the 22/11/84. The Court on that day unanimously dismissed the appeal. I therefore proceed to state my reasons for dismissing the appeal which I indicated I would do today.

The only point of law taken, and which embraces the two grounds of appeal filed and argued, is whether by virtue of the description of the law under which appellant was charged, the appellant had been charged and tried with offences under a non-existing law, thus rendering the conviction illegal and unconstitutional and in contravention of Section 33 (8) of the Constitution of the Federation 1979 and section 4 of the Criminal Code of Bendel State.

(Italics mine)

Grounds of Appeal and the Information

The grounds of appeal in this Court are as follows:

GROUND 1:

"The conviction of the Appellant, as affirmed by the Court of Appeal, is illegal and unconstitutional and ought to be quashed because it was in contravention of Section 33(8…

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