Lateef Adeniji Vs The State (2001)

LAWGLOBAL HUB Lead Judgment Report

KATSINA-ALU, J.S.C.

At the Lagos High Court the appellant Lateef Adeniji was charged with the murder of one Regina Alozie contrary to section 319(1) of the Criminal Code. The case was heard by Oshodi J. who on 28th February, 1986 in a reserved judgment found the appellant guilty of murder and sentenced him to death accordingly. His appeal to the Court of Appeal was dismissed on 28 October, 1999. He has further appealed to this court. The facts of this case are sufficiently embodied in this judgment.

The appellant, before us, raised four issues for determination in this appeal. These read:

1. Whether the trial, conviction and sentence passed on the appellant are not a nullity in view of the failure of the trial court to comply with the mandatory provisions of section 215 of the Criminal Procedure Law Cap. 32. Laws of Lagos State.
2. Whether the trial, conviction and sentence passed on the appellant and affirmed by the Court of Appeal are not a nullity in view of the fact that the offence was committed outside the jurisdiction of the High Court of Lagos State.
3. Whether in the circumstances of this case, the circumstantial evidence upon which the appellant was convicted and which conviction was affirmed by the Court of Appeal irresistibly points to the guilt of the appellant.
4. Whether in the circumstances of this case, and the evidence led, the learned Justices of the Court of Appeal were right in affirming the judgment of the trial court, which found the appellant guilty of murder.

The respondent also formulated four issues, which read:

(i) Whether the plea was properly taken and recorded.

(ii) Whether the High Court of Lagos State had jurisdiction to try the offence.

(iii) Whether the circumstantial evidence sustained by the Court of Appeal was conclusive, compelling or irresistible.

(iv) Whether the evidence of intention to kill was proved.

It is to be observed that the issues raised by the parties are identical.

I however prefer the formulation by the respondent.

Issue one

It was the submission of the appellant, on this issue, that the trial and conviction of the appellant were a complete nullity on the ground that:

1. The plea of the appellant was not properly taken in accordance with the mandatory provisions of section 215 of the Criminal Procedure Act and section 33(6)(a) of the Constitution of the Federal Republic of Nigeria 1979 as amended.
2. The appellant’s plea in respect of the said charge was not properly recorded to show the mandatory compliance with the aforesaid provisions of the law.

Learned counsel for the appellant referred to page 34 of the record of proceedings where the court recorded the following:

“Court: Registrar please read and explain the charge to the accused and then take his plea.