Criminal Law Cases on Double Jeopardy

Nokwe v. The Republic

Court: Court of Appeal

Year: 1999-2000

Principle(s): When a person has been wrongly convicted and the trial is declared null and void, the court will not order a retrial on appeal if the appellant has already been imprisoned for a long time, as doing so may cause the accused to punished twice (first punishment was from the wrong conviction, a second punishment may occur from a proper conviction).

Essien v. The State

Court: High Court

Year: 1965

Principle(s): It is not the law that a person cannot be punished twice for the same act. The law is that a person cannot be punished twice for the same offence.

Ababio v The Republic

Court: High Court

Year: 1972

Principle(s): The same act can constitute two different offences, and punishment for each offence does not constitute double jeopardy. The appellant was customarily punished through destoolment, but can still be punished for his criminal offence of failing to attend a Traditional Council meeting.

Republic v. Jinadu

Court: West African Court of Appeal

Year: 1948

Principle(s): When a person has been convicted or acquitted by a body that is not a court of competent jurisdiction, he can be tried again by a court of competent jurisdiciton.