Another trial on the same criminal offence I have been convicted/acquitted/ or granted Pardon. Help me!
Do not panic as such action will fail. The rule is one trial for one offence. It is popularly known as the rule against double jeopardy[1]. All you just need is to show the following:
- a) that the first trial was on a criminal charge;
- b) that the trial was by a competent court;
- c) that the trial ended in a conviction or an acquittal;
- d) that the offence is the same as the first or one for which the accused could have been convicted at the first trial although he was not charged with same.
On pardon, once a person has been pardoned for an offence he cannot be tried for the same offence nor be made to suffer disabilities on that account again[2].
[1] – S 36 (9 of the 1999 Constitution; Nafiu Rabiu Vs The State (1980) 8-11 SC. 130
[2] Section 36 (10) of the 1999 Constitution; Falae Vs Obasanjo (No. 2) (1999) 4 NWLR (pt. 599) 476; S.221 (1)(b) CPA
