Ibiloye Mathew V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the decision reached in the judgment delivered by the Court of Appeal, Ibadan Division or Court below or lower Court, Coram: M.B. Dongban-Mensem, Chidi Uwoama Uwa, Haruna Simon Tsammani JJCA on the 27th day of March, 2014 in which the Court below ordered a trial de novo of the case as heard and determined by E. O. Osinugo J. of the High Court of Ogun State.

FACTS BRIEFLY STATED

The respondent herein was the appellant in the Court of Appeal, and he had appealed against the decision of the High Court of Ogun State convicting him for offences of conspiracy to commit armed robbery and for attempted armed robbery, and he was sentenced to death and 14 years imprisonment respectively. However, his counsel in the Court of Appeal (who was not his counsel in the trial Court), introduced an issue of lack of fair hearing to the respondent when the counsel contended in the Court of Appeal that it was improper for counsel in the Department of Citizens’ Rights in the Ogun State Ministry of Justice to have been allowed by the trial judge to defend the

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respondent when the counsel that prosecuted him was also from the same Ministry of Justice. Counsel had insisted JUSTICES of the Court of Appeal that a counsel from the Legal aid Council, who was already in Court but got discharged from the case of the trial judge, ought to have been allowed to defend the respondent.

The Court of Appeal made on order remitting the case to the Chief Judge of Ogun State for a trial de novo. It is that order that had ignited this appeal to the Supreme Court.

The facts leading to the present appeal are captured hereunder, viz:

The respondent as the accused was arraigned in the High Court of Ogun State on the 11th day of September, 2007 for the offences of conspiracy to commit armed robbery and for attempted armed robbery. The charge read as follows;

COUNT 1

That you Ibiloye (M) Mathew and one other, now at large on or about 3rd day of July, 2006 at Adekunle Fajuyi Road, Abeokuta, in the Abeokuta Judicial Division conspired together to commit a felony to wit: Armed Robbery contrary to Section 5(b) and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act,

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1990 as amended by the Tribunal (Certain Consequential Amendments etc) Act,1990.

COUNT 2