LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Sentencing — Capital Offence — Duty of Trial Court to Conduct Inquiry into Age of Accused Person
PRINCIPLE STATEMENT
Where the age of the accused person is material for conviction or relevant for determining sentence and evidence of such age is not conclusive, the trial judge is obliged to make due inquiry as to the age of that person by taking evidence of such age.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Guobadia v. State (2004) NLC-2952002(SC) at p. 12; Paras A–B.
"In the case of Modupe v. The State (1988) 4 NWLR (Pt. 87) 130 at p.142, this court held that where the age of the accused person is material for the purpose of conviction or relevant in the determination of the nature of the sentence and evidence of such age is not conclusive, the trial Judge is obliged to make due inquiry as to the age of that person by taking evidence of such age."
EXPLANATION / SCOPE
The trial court must conduct an inquiry into the age of the accused if age is material. The principle applies to criminal procedure. The court must take evidence on age. The rule ensures proper sentencing. The court cannot rely on guesswork. The principle is well-established.