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.