ACTION/APPEAL – Academic/hypothetical Issue(s) – Attitude of court to academic issues

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The appellant having accepted his Conviction for the offence of culpable homicide punishable with death and sentence to death, would this his appeal against conspiracy in count 1 and armed robbery in count 2 punished with Custodial sentences of 10 years and life respectively result in his release from prison and if it would not, in the sense that even if his appeal succeeds and is allowed, he would still remain in prison Custody to face execution of the death sentence, does it have any useful value or is it not a mere academic exercise. My answer to this question is that the appellant’s acceptance of his conviction for the offence of culpable homicide punishable with death and sentence to death renders this appeal academic as it is bereft of any useful value. The result is that this appeal invites this court to determine an academic issue. It is academic because its resolution one way or the other will not affect the condition of the appellant It is settled law that courts do not engage in the determination of academic issues.Per EMMANUEL AKOMAYE AGIM, JSC in AKEEM ABIODUN V. THE STATE (2022-LCER-46641-SC) at Pp. 5-6; Paras. E-D.

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ACTION/APPEAL – Academic/hypothetical Issue(s) – Attitude of court to academic issues

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