GILBERT EZEIGWE V AWAWA AWUDU
May 30, 2025ENESI LUKMAN ABDULLAHI VS THE STATE
May 30, 2025Legalpedia Citation: (2008-05) Legalpedia (SC) 49100
In the Supreme Court of Nigeria
Fri May 23, 2008
Suit Number: SC.249/2004
CORAM
IBRAHIM TANKO MUHAMMAD, JSC, JUSTICE, SUPREME COURT(Lead Judgment).
SAIFULLAH MUNTAKA-COOMASSIE JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JSC, JUSTICE, SUPREME COURT(Lead Judgment).
PARTIES
SGT. DESMOND EZEJA APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, a police officer, shot at the deceased without provocation for refusing to pay the 30 naira demanded. He was charged for abetment of culpable homicide, offenses of receiving gratification and voluntarily causing grievous hurt. He was convicted of the offense of causing hurt without provocation.
HELD
The court dismissed the appeal.
ISSUES
1. Whether the Court of Appeal properly considered the main issues raised by the 1st Appellant in his appeal, particularly as they relate to Sections 122, 246 and 140 of the Penal Code?
2. Whether it was correct, that the Court of Appeal having found that the 1st Appellant was wrongly convicted under Section 218 of the Penal Code, would still affirmed his conviction under Section 218 of the Criminal Procedure code on the basis that the said mistake does not amount to miscarriage of justice?
RATIONES DECIDENDI
POWER OF COURT TO CONVICT FOR A LESSER OFFENCE
The power to convict a person for a lesser offence that was proved in place of the original greater offence charged is available not only to the trial criminal Courts but also to appellate Courts – Mohammed J.S.C.
CASES CITED
1. R. v. Adokwu & Ors. 20 N.L.R. 105
2. Adeyemi v. The State (1991) 6 N.W.L.R. (Pt. 195) 1 at 37.
3. Tunde Adava & Anor. v. The State (2006) 9 N.W.L.R. (Pt. 984) 152 at 169, (2006) 3 SCM, 1
