Section 33 of our 1979 Constitution deals with fair hearing and when it uses the expression “he had been tried”, this must necessitate, imply that at the trial there was a fair hearing. Where, as in this case, there was no such fair hearing, the trial is vitiated or nullified. If the first trial is a nullity, the result will be as though the appellant had not been tried at all and the question of double jeopardy will not then arise. But for a much stronger reason, the same subsection 9 of Section 33 reserves to a Superior Court the right to order that an appellant be tried again in spite of the fact that he had been tried before. I am sure Mr. Rhodes will concede that this Court is a Superior Court.
— Oputa, JSC. G. Josiah v. The State (1985) – SC.59/1984