A three-man panel of the court led by Justice Abdu Aboki struck down Section 270 of the ACJA for being unconstitutional.
He ruled, “I agree with the submission of learned counsel for the appellant that Section 270 of Administration of Criminal Justice Act takes away the right to appeal given by Section 241 and of the 1999 Constitution to the appellant to appeal as of right against the judgment convicting him consequent upon a plea agreement being a final decision in criminal proceedings before the trial high court sitting at first instance.
The Supreme Court had in the judgment declared Section 396 of the ACJA unconstitutional and the trial based on it a nullity, on the grounds that Justice Mohammed Idris, who conducted the trial at the Federal High Court in Lagos, had already become a Justice of the Court of Appeal bench before handing down the judgment.
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