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PLEA OF DOUBLE JEOPARDY

Dictum

On the plea of double jeopardy, the plea presupposes that no man shall be vexed twice on the same facts and for the same offence. This implies that once a man has faced the court of law for an offence and has been convicted or acquitted by the court, such a man cannot be charged to court on the same facts and offence on a later date. This is guaranteed by section 36(9) of the Constitution which provides as follows: “No person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence having the same ingredients as that offence save upon the order of a superior court.”

— Ogunwumiju JCA. Patrick Eboiegbodin v. FRN (CA/B/329CF/2011, 9 April 2014)

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