WHETHER AN ACCUSED PERSON MUST BE PRESENT AT THE ADDRESS STAGE OF A CRIMINAL TRIAL

STATE v. YANGA (2021) LPELR-53086(SC)

JUDGMENT DATE: 15TH JANUARY, 2021

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE.

LEAD JUDGMENT: UWANI MUSA ABBA AJI, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on Criminal law and Procedure.

FACTS

By a Charge dated 8/4/2014, the Respondent was charged on 14 count charges bordering on stealing and obtaining by false pretence. That the Respondent had under false pretence contrary to Section 419 and stealing contrary to Section 390(9) of the Criminal Code Law of Ogun State obtained and stole varying sums of money ranging from N6,489,000.00 (Six Million, Four Hundred and Eighty-Nine Thousand Naira) to N121,000.00 (One Hundred and Twenty-One Thousand Naira) from persons within the jurisdiction of the trial Court.

At the trial, out of the 8 witnesses listed, 5 testified while the Respondent gave his lone evidence. On 20/11/2015, during the trial, slated for final oral address, the Respondent was reported sick by his Counsel to the Court. However, despite the information, the trial Court directed that the final oral address be taken in the absence of the Respondent against the provision of Section 210 of the Ogun State Criminal Procedure Law, 2006. Judgment was delivered on 1/12/2015, wherein the Respondent was convicted and sentenced to 7 years imprisonment. Dissatisfied, the Respondent appealed to the Court of Appeal, Ibadan Division, which set aside the trial Court’s judgment, quashed the conviction and sentence of the Respondent. Miffed, the Appellant further appealed to the Supreme Court.

ISSUES FOR DETERMINATION

The Court considered a sole issue in the determination of the appeal thus:

“Taking into consideration the settled fact that the Respondent herein was not in Court on 20th November 2015 when counsel’s address was conducted by the trial Court, can it legally contend that the Honourable Court below is not bound by the pronouncement of this Honourable Court in STATE V. LAWAL (2013) 7 NWLR (PT.1354) AT 568 such that the Honourable Court below ought to have acted otherwise”.

DECISION/HELD

In the final analysis, the appeal was unanimously dismissed.

RATIOS:

• CRIMINAL LAW AND PROCEDURE- CRIMINAL TRIAL/PROCEEDINGS: Effect of the absence of an accused person at the address stage of a criminal trial
• CASE LAW- JUDICIAL PRECEDENT/STARE DECISIS: What the doctrine of stare decisis entails