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CaseLaw

Johnson V. State (1981) CLR 2(b) (SC)

Judgement delivered on February 6th 1981

Brief

  • Appeal from Robbery & Firearms Tribunal to Court of appeal
  • Repeal of provision conferring right of appeal
  • Appeal wrongly struck out

Facts

The two appellants were convicted and sentenced to death by the Robbery and Firearms Tribunal, Bendel state of Nigeria composed of three members under the chairmanship of Akpata, J. on 27th April, 1977 pursuant to S.1 (2)(a) of the Robbery and Firearms (Special Provisions) Decree No. 47 of 1979, on a charge the particulars of which read:

  • “That you Edwin Johnson alias Sofa Boy (m) and Andrew Akpojofor alias Ohili on or both the 10th day of April, 1976 at Warri in the Bendel State of Nigeria robbed one Samuel Neyin (m) of one Television Sgt. One Standing Fan, one Stereo 2 in one, three pairs of shoes and one table clock, one wrist watch N11 in cash and at the time of the robbery, you were armed with a gun and offensive weapon and thereby committed an offence punishable under section 1 (2)(a) of the Robbery and Firearms (Special Provisions) Decree No 47 of 1970.”

Both prisoners appealed, within time, to the Federal Court of Appeal which Court (with Ete J.C.A presiding), on 29th January, 1980, without hearing arguments on the appeal, with the appellants absent and no representation of Counsel on their behalf, and with the only appearance being that of Mr. Edokpayi, Principal state Counsel of the Respondent, peremptorily struck out the appeal on the stated reason that the Robbery and Firearms Decree No. 47 of 1970 had been repealed. The appellants appealed to the Supreme Court.

Issues

  • 1
    Was the Robbery and Firearms (Special Provisions) Decree No. 47 of 1970...

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