Philip Omogodo V. The State (1981)

LawGlobal-Hub Lead Judgment Report

S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment):The appellant was convicted of murder and sentenced to death.

This was on 14th April, 1977. He appealed to the Federal Court of Appeal, Benin and for reasons which were not expressly given, the Court of Appeal ordered that the appeal be retried in the High Court.

In our view, the appeal was properly brought before the Federal Court of Appeal and it was wrong of that court to strike it out and order a retrial in the High Court. I have perused the records of the proceedings before the Robbery and Fire Arms Tribunal and see nothing to justify the conviction of the appellant.

The appeal is allowed. He is found not guilty, acquitted and discharged.

SC.41/1980