EDWARD ANIEMEKE & ANOR VS THE QUEEN
September 10, 2025BELLO ADELEKE VS BENJAMIN ADEWUSI
September 10, 2025Legalpedia Citation: (1961-02) Legalpedia 47976 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Tue Feb 21, 1961
Suit Number: SC 385/1960
CORAM
ADEMOLA, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
THE QUEEN
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
CRIMINAL LAW – OFFENCE OF CORRUPTION UNDER SECTION 116 (10 OF THE CRIMINAL CODE
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellant was charged on information for corruption. It was alleged that he took bribe to withdraw a summons. It was found that a police officer of his rank cannot withdraw a summons. The prosecution led evidence contrary to the information.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the offence was not proved.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the appellant was rightly convicted under section 116 (1) of the Criminal Code.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
HOW COURTS OUGHT TO TREAT EVIDENCE THAT IS CAPABLE OF TWO INTERPRETATIONS IN CRIMINAL MATTERS.
If the evidence is capable of two interpretations, it is clear that the one favourable to the accused must be adopted.’ Per Ademola, C.J.F
CASES CITED
Not Available
STATUTES REFERRED TO
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The Criminal Code
