CaseLaw
State V. Onyekwu (2004) CLR 7(o) (SC)
Judgement delivered on July 2nd 2004
Brief
Facts
At a General Court Martial (GCM) the Respondent was charged alone in an indictment containing 9 counts.
Respondent was alleged to have acted with other persons, but each of the accused persons was charged separately. In all, there were 8 other separate indictments brought against different individuals. The indictments were eventually consolidated with the Respondent's and the GCM conducted a joint trial of all the 9 accused persons.
The GCM found the Respondent guilty and convicted him. Total sentencing came to a total of 13 years. He was ordered to pay by way of restitution the sum of N900.000. together with interest which was put at N1,350,000.00, making a total of N2,250,000.00.
The confirming authority approved the convictions, sentences and orders. But on appeal, the Court of Appeal declared the trial a nullity and set it aside. Consequently, the court discharged and acquitted the Respondent.
Dissatisfied, the State appealed to the Supreme Court.