By virtue of Section 36 (9) of the CFRN 1999 (as amended), no person who shows that he has been tried by any court of competent jurisdiction 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. PML (Securities) Co. Ltd. V. F.R.N. (2019) HELAR
Is it in all situations that a plea of Autre fois, Acquit or Autre fois convict would be successful?
Yes. Where a person has obtained a pardon for his offence despite the fact that he has not yet been either acquitted or convicted, it will amount to double jeopardy for him to be tried again for that offence as the State Pardon totally, as it were, ‘killed and buried’ the offence and the criminal charge. The pardon coming, from an authority that has such powers and privilege to grant such pardon in such particular case, would operate as a final decision on the matter. SECTION 277 (1)(b) OF THE ACJA, 2015; SECTION 171 (1) (C) OF THE ARMED FORCES ACT, CAP. A20 LFN, 2004.
Where a court of appeal finds and declares a proceeding a nullity, the court would usually make a consequential order either ordering the discharge of the defendants or make an order for retrial in another lower court.
Where the crime in question is a serious offence for example murder or there are strong and compelling evidence already adduced by the prosecution, the Court of Appeal would usually order a retrial. SEE ADEYEMI V. THE STATE (2013) ALL FWLR (PT.708) 891; KAJUNO V. STATE (1988) 1 NWLR (PT.73) 721; UCHE V. STATE (1999) 7 NWLR (PT. 609) 1. MOHAMMED V. KANO STATE (2019) HELAR; CLEMENT V. COP (2018) HELAR