• Latest
  • Trending
  • All

WHEN APPELLATE COURT CAN ORDER FOR RETRIAL

Tinubu resolves Rivers Crisis, reunites Fubara, Wike, Lawmakers (Video)

Tinubu resolves Rivers Crisis, reunites Fubara, Wike, Lawmakers (Video)

What Benefits Tinubu’s New Tax Laws Mean for Nigerians and Businesses?

What Benefits Tinubu’s New Tax Laws Mean for Nigerians and Businesses?

What is a Meerkat? – The New Trending Meme

What is a Meerkat? – The New Trending Meme

Ibas faults NBA for moving Conference from Rivers to Enugu, demands Refund of N300m Hosting Rights

Rivers LG Administrator Resigns

2027: Atiku, Amaechi, El-rufai form New Political Party, writes INEC

2027: Atiku, Amaechi, El-rufai form New Political Party, writes INEC

Court remands TikToker For Bathing On Street

Court remands TikToker For Bathing On Street

JUST IN: Presidency warns Nigerians, Leaders over Opposition to Tinubu’s Tax Reform Bills

Tinubu lands in Benue amidst Aftermath of Yelewata attack

CAC Increases Service Fees from  August 1

CAC Increases Service Fees from August 1

Benue: Military deploys Air Surveillance after Terror Invasion killed over 100 in Guma

Benue: Military deploys Air Surveillance after Terror Invasion killed over 100 in Guma

DEMOCRACY ON TRIAL: A LEGAL REFLECTION ON 25+ YEARS OF CIVILIAN RULE IN NIGERIA

DEMOCRACY ON TRIAL: A LEGAL REFLECTION ON 25+ YEARS OF CIVILIAN RULE IN NIGERIA

Air India Plane carrying 242 Passengers Crashes after Takeoff (Video)

Air India Plane carrying 242 Passengers Crashes after Takeoff (Video)

‘We have recovered reasonable amount’ – EFCC gives update on N1.3trn CBEX crypto fraud

CBEX Resumes Operations, asks Nigerian Investors To Deposit $200

  • About Us
  • Advertise with Us
  • Editorial Policy
Saturday, June 28, 2025
  • Login
iDeemlawful
  • Home
  • News
  • Featured
  • Politics
  • Life Style
  • Advertise with Us
  • Opinion
  • Campus
No Result
View All Result
iDeemlawful
No Result
View All Result
No Result
View All Result
iDeemlawful
  • Home
  • News
  • Featured
  • Politics
  • Commentary
  • Editorial
  • Campus
Home GPS Gadget law Articles

WHEN APPELLATE COURT CAN ORDER FOR RETRIAL

by iDeemlawful
May 14, 2020
A A
FacebookTwitterWhatsapp
When Appellate Court can order for Retrial of a Case
Saheed Afeez Ayinde
DEEMLAWFUL


As clear as the Law creating the Court of Law also is the distribution of their power to entertain matters.

Court of Original Jurisdiction would entertain matters without going beyond the fence and same with the Appellate Court to entertain appeals without usurping the power of the lower courts.

The appeal is for the superior court to rectify cases before them where there seems to be errors that emanate from the lower courts decision(s) but not to dustbin the whole adjudication.


However, some certain factors could warrant the court of appellate to dustbin the lower court adjudication where it is compelling.

The factors had been beautifully enunciated in the case below:


EDIBO V. STATE citation: LOR 11:5:2007sc


As per F. F. TABAI, J.S.C:


“…In order to justify an order of retrial, an appellate court must satisfy itself of the existence of number of factors, depending on the peculiar facts and circumstances of each case. The factors include:


(a) 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 the appellate court is unable to say that there has been no miscarriage of justice.

(b) that besides the error or irregularity, the totality of evidence discloses a substantial case against the appellant.

(c) that there are no special circumstances that would render it oppressive to put the appellant on trial a second time.

(d) that the offence or offences with which the appellant is convicted or the consequences to the appellant or any other person of the conviction or acquittal of the appellant are not merely trivial; and

(e) that to refuse an order for retrial would occasion a greater miscarriage ofjustice than to grant it.

See also Abodundu V. Queen (1959) SCN LR 162; Okoduwa v. The $tate(1988) 2 NWLR (Pt.76)

RelatedPosts

Tinubu resolves Rivers Crisis, reunites Fubara, Wike, Lawmakers (Video)

What Benefits Tinubu’s New Tax Laws Mean for Nigerians and Businesses?

What is a Meerkat? – The New Trending Meme

Rivers LG Administrator Resigns

Previous Post

ARROW OF FATE episode 14

Next Post

MY HEART BEATS FOR YOU chapter 28

iDeemlawful

iDeemlawful

Related Posts

Concerns as Lagos Gyms turn Hotspots for Hookups
Life Style

Concerns as Lagos Gyms turn Hotspots for Hookups

The last ten days of Ramadan
Life Style

The last ten days of Ramadan

Step-by-step Process on How Governor can be Impeached in Nigeria
Commentary

Step-by-step Process on How Governor can be Impeached in Nigeria

MY HOME TOWN (MUWO, NUPE) by MUSTAPHA SULAIMAN MAMMAN
Life Style

MY HOME TOWN (MUWO, NUPE) by MUSTAPHA SULAIMAN MAMMAN

Essentiality or Otherwise of the Defendant’s Presence in a Criminal Litigation: A Constitutional Right of Fair Hearing —Composed By Adeshina Umarfaruq Olaitan
law Articles

Essentiality or Otherwise of the Defendant’s Presence in a Criminal Litigation: A Constitutional Right of Fair Hearing —Composed By Adeshina Umarfaruq Olaitan

THE DOCTRINE OF SEPARABILITY IN ARBITRATION
Commentary

THE DOCTRINE OF SEPARABILITY IN ARBITRATION

Commentary

Sexually transmitted Diseases and the Law: Can victims in Nigeria seek Justice? by Lanase Usman

Illustration of mediator and arbitrator
Commentary

MEDIATOR ACTING AS ARBITRATOR: UNDERSTANDING SECTION 79 OF THE ARBITRATION AND MEDIATION ACT, 2023

Lagos govt mandates permits for amplified sound in nightclubs, worship centres
law Articles

Lagos govt mandates permits for amplified sound in nightclubs, worship centres

Shariah law —– a foreign law in a foreign land
Commentary

Shariah law —– a foreign law in a foreign land

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

iDeemlawful

Copyright © 2019–2025 Deemlawful Media

  • About Us
  • Advertise with Us
  • Editorial Policy

Connect With Us

No Result
View All Result
  • Home
  • News
  • Featured
  • Politics
  • Life Style
  • Advertise with Us
  • Opinion
  • Campus

Copyright © 2019–2025 Deemlawful Media

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In