CRIMINAL LAW AND PRACTICE – Conviction – Effect of charging, trying and convicting an accused person under a wrong law – Whether conviction under a wrong law amounts to a mere irregularity


Section 298(c) of the Penal Code gives the trial court the jurisdiction to levy life imprisonment for armed robbery. Provided the accused is aware of the allegations made against him and had reasonable opportunity to defend himself of the facts alleged against him, charging and trying him under a wrong law would not vitiate the trial, provided the fact alleged is made an offence by a written law, the punishment levied by the court for the commission of the offence is prescribed in the written law that created the offence and the court is given power by that law to impose that punishment.Per EMMANUEL AKOMAYE AGIM, JSC in AKEEM ABIODUN V. THE STATE (2022-LCER-46641-SC) at Pp. 12 – 13; Paras. E-A.

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