CRIMINAL PROCEDURE ā Trial ā Effect of Trial Declared a Nullity on Retrial Order
Principle Statement
This is not a situation where a verdict of acquittal may be entered when the trial is declared a nullity. Since the GCM had no jurisdiction, there was no trial, and there could not be a verdict of discharge and acquittal.
Ratio Decidendi (Source)
Per Musdapher, JSC, in The Chief of Air Staff & Ors v. Iyen (2005) NLC-123-217-2002(SC) at pp. 15ā16; Paras EāA.
"In my view, this is not a situation when a verdict of acquittal may be entered when the trial is declared a nullity. In the instant case the lower court had adjudged that the GCM had no jurisdiction to try the respondent, there was accordingly no trial and as such there could not be a verdict of discharge and acquittal."
Explanation / Scope
A trial declared a nullity due to lack of jurisdiction cannot support a verdict of acquittal. The principle applies to criminal procedure.
