Sylvester Ogbomor V. The State (1985)

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G. KARIBI-WHYTE, J.S.C. 

This case was argued on the 22/11/84. The Court on that day unanimously dismissed the appeal. I therefore proceed to state my reasons for dismissing the appeal which I indicated I would do today.

The only point of law taken, and which embraces the two grounds of appeal filed and argued, is whether by virtue of the description of the law under which appellant was charged, the appellant had been charged and tried with offences under a non-existing law, thus rendering the conviction illegal and unconstitutional and in contravention of Section 33 (8) of the Constitution of the Federation 1979 and section 4 of the Criminal Code of Bendel State.

(Italics mine)

Grounds of Appeal and the Information

The grounds of appeal in this Court are as follows:

GROUND 1:

“The conviction of the Appellant, as affirmed by the Court of Appeal, is illegal and unconstitutional and ought to be quashed because it was in contravention of Section 33(8) of the constitution of the Federation 1979 and S. 4 of the Criminal Code of the Bendel State”.

PARTICUALRS OF ILLEGALITY

The Appellant was convicted of an alleged offence which was not prescribed by any enactment or other written law as framed in the charge.

GROUND II:

“The conviction of the Appellant, as affirmed by the Court of Appeal ought to be quashed because the conviction was affirmed under a Section of the Act which does not exist”.

It is pertinent to what I will say hereafter to reproduce the information filed by the Attorney-General of Bendel State against the appellant as reproduced in the record of proceedings.

STATEMENTOFOFFENCE- COUNT 1: