“In Yahya v. State (supra) some of the relevant factors to be considered in the determination of whether a re-trial order should be made in a criminal case, are said to be:- i). the gravity of the offence. ii). the evidence against the convict/accused person. iii). the interest of justice. iv. the period of time the initial trial lasted and the time the convict/accused person spent in custody during the trial. Hon. Justice Uwais, CIN, who read the Lead Judgment in the case had stated that: “I accept that to remain in prison custody for ten years awaiting trial is outrageous and is such a long period that should undoubtedly evoke sympathy and concern. However, the nature of the offence with which the appellant is accused is murder, is so grave that there is no offence under our laws which carries heavier sentence. As it has been stated elsewhere, justice is not just for the accused person but for victim as well. Therefore, if the circumstances of both the accused and victim are considered together the Order of fresh trial should not in my opinion be regarded as oppressive. Besides in our laws a sentence of 10 years is not regarded as sufficient punishment for murder.” See also Kajubo v. State (supra), Yusuf v. State (supra), Lasisi v. State (2013) LPELR – 20715 (SC), (2013) 12 NWLR (pt. 1367) 133 at 145” Per MOHAMMED LAWAL GARBA, JSC in JEREMIAH JOSEPH V. THE STATE (2022-LCER-46642-SC) at Pp. 19 – 20; Paras. C-E.