L. L .LOOLO VS CHIEF DANIEL NWIKANE
August 1, 2025CHIEF FESTUS SUNMOLA YESUFU V AFRICAN CONTINENTAL BANK LTD
August 1, 2025Legalpedia Citation: (1980-02) Legalpedia 57600 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Feb 1, 1980
Suit Number: LER[1980] S.C. 428/1974
CORAM
SOWEMIMO, JUSTICE SUPREME COURT
IDIGBE, JUSTICE SUPREME COURT
OBASEKI, JUSTICE SUPREME COURT
NNAMANI, JUSTICE SUPREME COURT
UWAIS, JUSTICE SUPREME COURT
PARTIES
ABDUL MAJEED NASIRU
APPELLANTS
COMMISSIONER OF POLICE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – COURT- JURISDICTION- CONSPIRACY TO COMMIT THEFT
SUMMARY OF FACTS
The appellant was charged for the theft of 3 bags of guinea corn from his employer. The trial Magistrate found that two other persons were implicated in the offence. The lower court set aside that finding and confirmed the conviction of the appellant.
HELD
The court allowed the appeal and held that the trial Magistrate had no jurisdiction to try the offence of conspiracy to commit theft which was revealed from the evidence before the Magistrate.
ISSUES
Whether on finding evidence of conspiracy the trial Magistrate ought to have transferred the case to the High Court, his jurisdiction having been ousted.
RATIONES DECIDENDI
EVALUATION OF EVIDENCE BY APPELLATE COURT WHICH WAS PROPERLY EVALUATED BY THE LOWER COURT
“The appellate court should not substitute its own views of the facts for those of the lower court when it is clear that the lower court has arrived at its findings after a proper appraisal of the evidence.”- Nnamani J.S.C.
WHETHER MAGISTRATE FIRST GRADE HAS JURISDICTION TO TRY CONSPIRACY TO COMMIT THEFT UNDER SECTION 97 OF THE PENAL CODE
Criminal conspiracy to commit theft is an offence under the provisions Section 97(1) of the Penal Code punishable with imprisonment and the court with least power by which it is triable is stated in Appendix A to the Criminal Procedure Code Cap. 30 Laws of Northern Nigeria 1963 to be the High Court- Obaseki J.S.C
CASES CITED
1. Omale Ogwale v. Commissioner of Police 1969 NMLR 125
2. Fabumiyi & Ors. v. Obaje & Ors. (1968) NMLR 242
3. M. Akinloye & Anor. v. Bello Eyiyola & Ors. (1968) NMLR 92
4. Lucy Onowan & Ors. v. J. J. I. Iserhie Vol. 1 (1976) NMR 263 at p.265;
5. Bakare Folorunso v. I. A. Adeyemi (1975) NMLR 128
STATUTES REFERRED TO
The Penal Code
