UDOFIA V. THE STATE

• Pages: 111-119

UDOFIA V. THE STATE

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111

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UDOFIA V. THE STATE

UDO AKPAN UDOFIA

V

10 THE STATE

SUPREME COURT OF NIGERIA

OPUTA,

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J.S.C.

ESO,

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J.S.C.

15

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KARIBI-WHYTE,

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J.S.C.

AGBAJE,

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J.S.C.

CRAIG,

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J.S.C.

1st July, 1988

APPELLANT

RESPONDENT

SUIT NO. SC 132/1987

Criminal Law and Procedure - Appeals Trial for murder- Fair trial - Rules of Professional

conduct, rules 7& 8 - Representation by counsel - Duty of defence counsel during murder

trials - Demeanour of defence counsel - Effect on the case of the accused.

Interpretation of Statutes - Rules 7 & 3 Rules of Professional Conduct in the Legal

Profession - Meaning of.

Professional Ethics - Legal Practitioners -Duty to client - Conduct of trial Rules 7& 8 Rule.s

.

of Professional Conduct in the Legal Profession.

ISSUES:

1.

Whether an accused person must be represented by a lawyer where he is charged

with the offence of murder.

2.

Whether it can be properly said that an accused person charged with murder has

had a fair trial where the accused was not represented by counsel.

FACTS:

The appellant Udo Akpan Udofia was charged in the High Court with the offence

of murder. It was alleged that he killed his mother. The accused did not have a coun-

sel to represent him.

Mr. M. 0. Uduma of the Legal Aid Counsel was therefore assigned by the Court,

and entrusted with the defence of the accused. Unfortunately counsel was absent

most of the time without just excuse, and even when present he did not conduct the

case with the degree of commitment expected of a counsel, because of this another

counsel also of the Legal Aid was re-assigned to handle the case, his performance

was also just as unpraise-worthy.

The learned trial judge convicted the appellant and sentenced him to death by

hanging for committing the crime of matricide.

The Appellant dissatisfied with the judgment of the trial Court Appealed to the

Court of Appeal on the ground

inter alia

that he did not have a fair trial.

The Court of Appeal dismissed the appeal and confirmed the conviction and sen-

tence of death of the trial court.

The appellant still dissatisfied appealed to the Supreme Court complaining

inter

Oa

that he did not have a fair trial in the court of first instance.

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