CaseLaw
Ganiyu V. State (2013) CLR 4(f) (SC)
Judgement delivered on April 12th 2013
Brief
Facts
This is an appeal against the judgment of the Court of Appeal Holden at IBADAN in appeal No. CA/l/367/2009 delivered on the 6th day of November 2011 in which the Court allowed the appeal of appellant and set aside the decision of the trial court in charge No. HCT/9C/2002 in which the court convicted and sentenced appellant to death on a charge of murder.
The lower court however, ordered retrial of the charge. Appellant is not satisfied with that decision hence the instant further appeal.
Appellant, together with others, was arraigned before the High Court of Ogun State, Holden at OTA on a two counts charge of conspiracy to commit murder and murder contrary to the provisions of sections 324 and 316 (3) and punishable under section 319(1) of the Criminal Code Law (cap 29) Laws of Ogun State of Nigeria, 2006.
Appellant is alleged to have conspired with others on the 15th day of July, 2000 to murder and did murder one Maria Adeniji a.k.a lya Ibeji; that appellant engaged the services of the deceased to work as a labourer for the accused persons in their block making site. It was appellant who went to the house of the deceased to call her out on the day in question but the lady failed to return home after close of business/work that day as a result which her husband who testified as PWI, organised a search party to try and locate her. The matter was also reported to the police. The search yielding nothing as a result of which the lady was declared missing.
The prosecution alleged that appellant and his co-accused persons had sexual intercourse with the deceased before killing her by cutting off head and private part including her breasts. Her remains were then buried in a grave near the site. Following investigations, appellant led the police team to Saki town where the severed head of the deceased was recovered. Appellant is also alleged to have made a confessional statement to the police, which he later contended was not voluntarily made but was admitted after a trial within trial proceedings.
Appellant and his co-accused testified in their defence and denied killing the deceased. The trial judge delivered his judgment on 6th May, 2009 convicting and sentencing the accused persons, including appellant to death for the offence of murder.
Upon appeal, the Court of Appeal declared the High Court's proceedings a nullity for failure to comply with section 215 of the Criminal Procedure Law, and ordered a retrial before another Judge of the High Court of Ogun State.
Issues
Whether the court below was right in ordering a retrial of the Appellant having...