CRIMINAL LAW AND PRACTICE – Double jeopardy and re-trial – Whether an order for retrial amounts to double jeopardy – What the court should consider before making an order for re-trial

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“Over the years, in order to uphold the object and purport of the above provision is, superior courts in the country, in what has become known as the principle against double jeopardy, have evolved factors and set out situations in which an order for re-trial of a person who has earlier been tried for a criminal offence by a competent court of jurisdiction, no matter the outcome, could and/should be made. The established and recognized principles and guidelines stated in Abodundu v. The Queen (supra) and restated by the court in the case of Chief of Air Staff v. Iyen (supra), which are not exhaustive or closed since facts and circumstances vary from one case to another, provide the general position of the law on when it would be proper and appropriate for an order for re-trial should be made which would not constitute double jeopardy. See also Adeoye v. State (1999) 6 NWLR (pt. 605) 74 at 8, Yahya v. State (supra), Mohammed v. State (2013) 5 NWLR (pt. 1347) 315 and Onwe v. State (2017) LPELR 42589 SC) all cited in the Respondent’s brief” Per MOHAMMED LAWAL GARBA, JSC in JEREMIAH JOSEPH V. THE STATE (2022-LCER-46642-SC) at Pp. 14 -15; Paras. A-A.

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CRIMINAL LAW AND PRACTICE – Double jeopardy and re-trial – Whether an order for retrial amounts to double jeopardy – What the court should consider before making an order for re-trial

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