CRIMINAL PROCEDURE ā Trial ā Jurisdiction ā Conviction by Court Lacking Jurisdiction Cannot Sustain Plea of Autrefois Acquit
Principle Statement
A decision given by a tribunal or court without jurisdiction is a nullity. Under section 36(9) of the 1999 Constitution, it is a conviction or acquittal by a court of competent jurisdiction that can found a plea of autrefois convict or autrefois acquit.
Ratio Decidendi (Source)
Per Edozie, JSC, in The Chief of Air Staff & Ors v. Iyen (2005) NLC-123-217-2002(SC) at pp. 17ā18; Paras DāA.
"A decision given by a tribunal or court without jurisdiction is a nullity. [ā¦] According to section 36(9) of the 1999 Constitution, it is a conviction or acquittal by a court of competent jurisdiction that can found a plea of autrefois convict or autrefois acquit."
Explanation / Scope
A nullity conviction cannot support a plea of autrefois acquit; only a court of competent jurisdiction can. The principle applies to criminal procedure.
