CRIMINAL LAW AND PRACTICE – Re-trial – What an appellate court must consider when making an order for re-trial

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“From the Record of Appeal, the court below did not consider, specifically, the guidelines established for the making of the re-trial order. Recently, this court, per Hon. Justice Okoro, JSC in Mohammed State (supra) restated and emphasized the requirements to be met before an order for re-trial in a criminal case can properly be made when he said: “We are of the opinion that before deciding to order a retrial, this Court must be satisfied: i) that there has been an error in law (including the observance of the law of evidence) or an irregularity in procedure of such a character that on the one hand, the trial was not rendered a nullity, and on the other hand the appellate court is unable to say that there has been no miscarriage of justice ii). that leaving aside the error or irregularity, the evidence taken as a whole discloses a substantial case against the Appellant; iii). that there are no such special circumstances as world render it oppressive to put the Appellant on trial a second time; iv). that the offence or offences of which the Appellant was convicted or the consequences to the Appellant or any other person of the convicted or acquittal of he Appellant, are not merely trivial; and v). that to refuse an order for a retrial would occasion a greater miscarriage of justice than to grant it.” Per MOHAMMED LAWAL GARBA, JSC in JEREMIAH JOSEPH V. THE STATE (2022-LCER-46642-SC) at Pp. 17-18; Paras. B-B.

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CRIMINAL LAW AND PRACTICE – Re-trial – What an appellate court must consider when making an order for re-trial

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