[vc_row][vc_column][vc_single_image image=”1010″ img_size=”full” alignment=”center”][vc_column_text]WHERE A PERSON PLEADS GUILTY AND IS CONVICTED FOR A CHARGE WHICH HE OUGHT NOT TO HAVE BEEN CONVICTED (AN OFFENCE UNKNOWN TO LAW)

By the decision of; IDRIS v. FRN (2018) LPELR-44713(CA), the Supreme Court held that:

“In law, once an accused person had pleaded guilty to a charge as laid against him by the prosecution before a Court of law and consequently convicted on his own plea of guilt, there is generally only two circumstances in which an appeal against conviction upon a guilty plea can be entertained,

Firstly; that the Appellant did not understand and appreciate the nature of the charge to which he had pleaded guilty or that he did not intend to admit that he was guilty of the offence charged.

Secondly; that upon the facts as admitted by the accused person, he could not, in law, have been convicted of the offence charged. See per Onnoghen JSC, now CJN, in NKIE V. FRN (2014) LPELR 22877 (SC).”

Ajibola Ariba
Gold Mgbeahuru
Publisher: BA LAW LLP[/vc_column_text][/vc_column][/vc_row]

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