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CaseLaw

Onuwa Kalu V. The State (2017) CLR 4(b) (SC)

Judgement delivered on April 13th 2017

Brief

  • Brief
  • Reply brief
  • Brief writing
  • Right to fair hearing
  • Order of retrial
  • Final address
  • Audi alteram partem
  • Nemo judex in Causa sua
  • Section 36(1) of the 1999 Constitution
  • Section 1(2) (b) of the Robbery and Firearms (Special Provisions) Act 2004

Facts

The appellant herein and one Martin Egbufor were jointly charged with the offence of Armed Robbery at the Owerri Judicial Division of the High Court of Imo State.

Upon arraignment, the accused persons pleaded not guilty to the charge. At the commencement of trial, the Prosecution called three witnesses in proof of their case whilst the appellant not only testified in protest of his innocence but he also called two witnesses.

The trial court found the accused persons guilty as charged. They were both convicted and sentenced to death by hanging.

The appellant herein felt aggrieved with the decision of the trial court because though counsel had filed and exchanged their briefs - including a Reply brief, the Reply brief was never adopted in answer to the points of law raised in the respondent’s brief. Nonetheless, the learned trial Judge proceeded to deliver his judgment. Hence, an appeal filed to the Court of Appeal.

The Court of Appeal allowed the appeal and ordered the case to be remitted to the Chief Judge of Imo state for reassignment to another court.

Upon dissatisfaction, the appellant has approached this Court.

Issues

Whether having regard to all the circumstances of the case, the Court of Appeal...

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