ABIODUN V. ODEDIRAN v. THE STATE
In The Supreme Court of Nigeria
On Thursday, the 16th day of November, 2006
SC.282/2005
RATIO
CONSTITUTIONAL LAW: WHAT IS THE STATUS OF AN ACCUSED PERSON CONVICTED OF MURDER
There is an automatic constitutional right of appeal for an accused person convicted of murder to this court. PER OGBUAGU, J.S.C.
JUSTICES
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria
GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria
ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria
MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria
IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Between
ABIODUN V.ODEDIRAN Appellant(s)
AND
THE STATE Respondent(s)
KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): Appellant had been convicted and sentenced on the offence of murder. The Constitution of Nigeria guarantees to the appellant an automatic right of appeal up to the Supreme Court. The record before us shows that this appeal was dismissed by the court below for want of diligent prosecution.
It seems to me that the court below in the circumstance had the duty to appoint counsel for the appellant to prosecute the appeal, if counsel who brought the appeal had been dilatory. This is the only method in my view, to give true effect to the constitutional provision guaranteeing automatic right of appeal.
I am satisfied that the court below was in error to have peremptorily dismissed the appeal. In the final conclusion, appeal is allowed. The order dismissing the appeal is set aside. It is directed that the appeal be heard by another panel of the court below.
OGUNTADE, J.S.C.: This appeal was improperly dismissed this being an appeal on the offence of murder. The appellant’s automatic right of appeal under the Constitution is rendered useless if his appeal can be so casually dismissed. The appeal is allowed. The order dismissing the appeal is set aside. It is directed that the appeal be heard afresh by another panel of the court below.
MUKHTAR, J.S.C.: Appeal allowed. The conviction and sentence is that of murder which carries ultimate punishment. Matter returned to the court below.
MOHAMMED, J.S.C.: The appeal is allowed as the appellant who was sentenced to death for murder had not have his appeal heard at court below. The appeal shall be heard by another panel of Court of Appeal.
OGBUAGU, J.S.C.: This is a murder case. There is an automatic constitutional right of appeal for an accused person convicted of murder to this court. The court below was therefore, with respect, not justified to have dismissed the appeal as it did at page 143 of the records.
The court therefore, allows the appeal and orders that the appeal be remitted back to the court below, to hear the appeal on its merits by another panel.
Appeal allowed.
Appearances
Oladipo Okpeseyi, Esq. (with him, Emeka Okpala, Esq.) For Appellant
AND
Laide Olayinka (Mrs.), Solicitor-General, Permanent Secretary, Ministry of Justice, Lagos State (with her, M.O. Asumah [Mrs.], Chief State Counsel, Ministry of Justice, Lagos State) For Respondent
