The fact that a defendant pleaded guilty to a charge does not foreclose the right of appeal where the Grounds of Appeal are founded on jurisdiction/Constitution. That was exactly what happened in the case of Aoko v. Fagbemi [1961] ANLR 40..In Aoko V. Fagbemi, the defendant, just like Funke akindele, pleaded guilty to a charge of adultery and was convicted and sentenced. The conviction was appealed on the ground that adultery was not an offence under any written law (in the South). The Supreme Court set aside the conviction. Since the charge against funke akindele was brought under a regulation that has not been approved by the House of Assembly as required by law, the entire case - from the charge sheet, to arraignment, conviction and sentencing of Funke and her husband, is a nullity..we cannot put something on nothing and hence funke akindele is advise to seek legal redress.

By:
Samuel ihensekhien jnr esq
Legal scholar and lawyer




Credits::
Inibehe effiong esq.

How it take Consign me.