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The High Court set aside the lower courts’ decisions after finding the primary court proceedings were a nullity because some defendants were not properly heard.
The High Court allowed a criminal appeal after finding the appellant was denied legal representation, quashing the conviction and ordering retrial.
The High Court quashed a conviction for unlawful possession of government trophy after finding defective DPP consent, and declined to order a retrial.
The General Court Martial lacked jurisdiction to try the appellant for an offence under the National Security Act, 1970 without the mandatory written consent of the Director of Public Prosecutions. The proceedings and resultant judgment were null and void and must be set aside. In the interests of justice, a retrial (trial de novo) is ordered.
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The High Court allowed a land appeal after finding fatal procedural irregularities in the tribunal record, nullifying the proceedings and ordering a retrial.
The High Court allowed a land appeal after finding the tribunal’s judgment relied on extraneous facts not reflected in the record and ordered a retrial.
The High Court nullified a land tribunal’s proceedings for defective record-keeping and lack of continuous interpretation, and ordered a fresh retrial before a new chairman.
The consent to prosecute was invalid as it was issued by the Regional Prosecution Officer under section 26(1) EOCCA, a power solely vested in the DPP and non-delegable. The trial court therefore lacked jurisdiction, rendering the proceedings, conviction, and sentence a nullity. The defect is not curable under section 388 of the CPA. A retrial is ordered before a competent magistrate.
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The trial was vitiated by the trial court's failure to comply with section 231(1) of the Criminal Procedure Act, as the accused was not informed of his rights before entering defence, constituting a fatal procedural irregularity that nullifies the conviction and sentence.
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The High Court nullified land tribunal proceedings for defective assessor composition, set aside the judgment and decree, and ordered a retrial.
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