I just read the case of State v. Mijinyawa (2026) 5 NWLR (Pt. 2036) 33 and the case is an interesting one.
In this case, the respondents were tried and convicted for conspiracy, armed robbery, and illegal possession of firearms. Although a ninth accused person was listed on the charge sheet as being at large, he was never arraigned or tried.
On appeal, the Court of Appeal held that the entire trial was a nullity because the ninth accused person was absent from the joint trial. Being dissatisfied with this decision, the state appealed to the Supreme Court and the appeal was allowed.
The court held at page 63-64 as follows:
“What the lower court termed to amount to a joint charge and trial was the fact of the appearance of the name of the person mentioned as the ninth accused person, who was at large, on the charge sheet and the continued presence of the name thereon throughout the trialuntil conviction and sentence. Our administration of criminal justice system and our criminal jurisprudence recognise that a physically present accused person can be charged for an offence committed with a person at large, particularly where the offence of conspiracy is involved, and that such a charge is proper. The essence of the phrase “person at large” is to supply necessary particulars to alert the accused person that he is alleged to have committed the offencein conjunction with others yet to be found. In fact, the conviction of a physically present accused person for an offence committed with a person said to be at large on the charge sheet has been severally upheld by the courts as proper and valid”.
It is clear from the above that the fact that the name of an accused person who is at large remains on a charge sheet throughout trial and up till conviction stage doesn’t automatically means the entire trial will amount to a nullity. Issues of trial in absentia will not arise because the accused was not under trial per se by mere listing of his name on the charge sheet. The purpose is just to show that he was at large and indeed committed the offense alongside other accused named on the charge.
Criminal litigation is really interesting. The respondent convinced my lords at the court of Appeal but my Noble Lords at the Supreme Courts came to the rescue😂.
Let me use this opportunity to commend one of my oga here:@adeyemio78. He is a very brilliant but lowkey senior lawyer on this App. He represented the 6th Respondent in this Appeal. Pardon me for casting you! 🤗
Thank you.
Usman A. Lanase Esq
22-05-2026.
DNA testing facility: Our marriages are no longer safe with all this infidelity. Plenty parents go dey deny paternity of their children in the next three to four years because OMO, wetin married women dey do outside dey put fear for my body.
With the way things are going, this is a business you should enter if you get good capital.
Psychiatric hospital: With the way our youth are indulging in hard drugs like Crystal meth, wallahi, in the next 2 or 3 years you go get plenty potential clients.