CRIMINAL PROCEDURE ā Trial Nullity for Lack of Jurisdiction ā Verdict of Acquittal ā Not Permissible Where Trial a Nullity
Principle Statement
An acquittal can only be returned on consideration of the case on its merits. Where a trial has been declared a nullity because the trial court or tribunal had no jurisdiction to adjudicate on the matter, the proper verdict to return is only to discharge the accused, not to acquit.
Ratio Decidendi (Source)
Per Musdapher, JSC, in NAF v. Kamaldeen (2007) NLC-123-75-2001(SC) at p. 12; Paras CāE.
"It is elementary law that an acquittal of an accused person in a verdict can only be returned on the consideration of the case on the merits. Where a trial has been declared a nullity because the trial court or tribunal has no jurisdiction to adjudicate on the matter, the proper verdict to return is only to discharge the accused."
Explanation / Scope
A discharge and an acquittal are distinct legal outcomes. Acquittal follows a trial on the merits where the evidence has been considered and the accused found not guilty. Discharge follows where the trial is void ab initio for want of jurisdiction, and no valid trial has occurred. Discharge does not bar a fresh prosecution before a competent court, whereas acquittal may constitute a bar (autrefois acquit). Where jurisdiction is lacking, the court cannot evaluate the evidence on its merits; it can only declare the proceedings a nullity and discharge the accused.
