SUNDAY MODUPE V. THE STATE (1988) LPELR-1888(SC)
FACTS:
Sunday Modupe 16 years at the material time was charged alongside eight others
with the murder of Dapo Awoboyokun on or about the 20th day of December 1983.
At the conclusion of the trial court they were all convicted and sentenced to death.
Dissatisfied they appealed.
ISSUE: Whether court can make an inquiry as to age where a person is before the
court and it appears to the court that such person is an infant, or a child, or a young
person, or an adult
JUDGEMENT:
The court ruled that where a person is before any court and it appears to the court
that such person is an infant, or a child, or a young person, or an adult, the court
may make due inquiry as to the age of that person and for that purpose may take
such evidence as may be forthcoming at the time, or at the time to which the
inquiry may be adjourned but an order or judgment of the court shall not be
invalidated by any subsequent proof that the age of that person has not been
correctly stated to the court, and the age presumed or declared by the court to be
the age of that person shall for the purposes of this Act be deemed to be the true
age of that person. The presumption or declaration of age made under this section
applies only for the purposes of this Act that is in relation to orders made under
section 204 or 206 of the Criminal Procedure Act, to sentences passed under
section 385 of the Criminal Procedure Act and to the finding that the jurisdiction of
the court is or is not excluded under section 413 of the same Act.

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