OGUGU & ORS. V. THE STATE
(1994) JELR 43414 (SC)
Supreme Court
•
SC.303/1990
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14 Oct 1994
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Nigeria
Coram
MOHAMMED BELLO JSC;
MUHAMMADU LAWAL UWAIS JSC;
SALIHU MODIBBO ALFA BELGORE JSC;
ABUBAKAR BASHIR WALI JSC;
MICHAEL EKUNDAYO OGUNDARE JSC;
EMMANUEL OBIOMA OGWUEGBU JSC;
YEKINI OLAYIWOLA ADIO JSC;
Appearances
1. Chief Olajide Oki (with him. Olasupo Ati-John) -for the 1st, 2nd and 4th Appellants2. O. Agbakoba (with him, C Obiogwu) - for the 3rd Appellants For Appellant
C. E. Uweja (Miss), Asst. Director of Public Prosecutions. Ministry of Justice, Lagos State) -for the Respondents1. Chief FRA Williams. SAN (with him, J. I. Nweze)2. Chief Kehinde Sofola, SAN (with him. H.S. Umar and W.N. Ekumankama)3. Tayo Falode, Attorney-General, Ogun State (with him O. Majekoje, Principal State Counsel) 4. Chief Makanjuola Esan, Attorney-General. Ondo State5. Y.A. Akande. Esq., Attorney-General. Oyo State6. C. D. Goje (Mrs). Attorney-General, Adamawa State7. B.S. Lawenji (Mrs). Attorney-General, Bauchi State 8. M.A. Sanni. Attorney-General, Kwara State9. Tinu Akomolafe- Wilson (Mrs), Solicitor-General, Edo State 10. A. O. Ukachukwu, Director of Civil Litigation Imo State (with him 11. C.O. Okoro, (Mrs). Deputy Director of Civil Litigation) 12. M. I. Atagher. Esq .. Director of Public Prosecutions. Benue State A.B. Mahmod. Esq. For Respondent
Judgement
BELLO, CJN (Delivering the Leading Judgment):Â A very far-reaching constitutional question has been raised in this appeal. It is: Having stayed in prison confinement under a sentence of death for such an unreasonable length of time, from 28th February 1986 to date, it would amount to inhuman and degrading treatment contrary to Section 31(1) (a) of the Constitution of the Federal Republic of Nigeria. 1979 to uphold and execute the sentence of death passed on the 3rd Appellant.
The facts relevant to the question may be summarised. The 3rd appellant with four other persons were convicted of conspiracy to commit armed robbery and of armed robbery and sentenced to death on 28th February 1986. His appeal and the appeals of the three others were dismissed by the Court of Appeal on 29th March 1990. Further appeals to this court were filed on 26th April 1990. The) have been in custody since their arrest on the 9th September 1982. The delay in their trial, determination of their appeals and thei…
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