LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Appeal — Supreme Court Bound to Discharge Appellant Where Co-Accused Improperly Acquitted but No Cross-Appeal
PRINCIPLE STATEMENT
Where co-accused persons ought not to have been discharged but their case is not before the Supreme Court (no appeal against their discharge), the court cannot reverse their discharge. However, errors in their discharge do not automatically affect the appellant's case if the evidence against him is distinct.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ebri v. State (2004) NLC-332003(SC) at p. 16; Paras D–E.
"Those accused persons ought not to have been discharged. Luckily for them, however, their case is not before this court there being no appeal against their discharge. What is, therefore in issue is whether these errors do in any way affect the case of the appellant."
EXPLANATION / SCOPE
The Supreme Court cannot disturb the discharge of co-accused if there is no appeal against it. The principle applies to appellate practice. The court only considers the appellant’s case. The rule respects the limits of appellate jurisdiction. The appellant cannot benefit from errors not appealed by the prosecution. The principle is well-established.