EDEM AKPAN EKPO & ANOR VS THE STATE
September 3, 2025OKONJI NGWO & ORS VS OBI OKOCHA ONYEJENA & ORS
September 4, 2025Legalpedia Citation: (1964-11) Legalpedia 72199 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Wed Nov 18, 1964
Suit Number: SC 292/1964
CORAM
ADEMOLA, CHIEF JUSTICE NIGERIA
OLUKAYODE ARIWOOLA
COKER, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
PARTIES
AOR NYAM MBAHANGAVER ALIGBA IYORTIOM NYAM APPELLANTS
H.R. SANYAOLU
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW, CULPABLE HOMICIDE
SUMMARY OF FACTS
The appellants were convicted of culpable homicide punishable with death at the trial court.
HELD
The court held that the appellants were guilty of the offence and accordingly dismissed the appeal.
ISSUES
Whether the appellants were liable for murder.
RATIONES DECIDENDI
ON LIABILITY OF MEMBERS OF AN UNLAWFUL ASSEMBLY
that there is an unlawful assembly, and that a member of it commits an offence in prosecution of the common object of that assembly-that is an offence in following up the common object: in such circumstances every person who is a member of that assembly at the time of committing that offence is guilty of that offence.- IDIGBE, J.S.C
HOMICIDE UNDER THE PENAL CODE
Therefore, a person is clearly guilty of an offence under section 221 if he does an act which causes death with intention of killing or if he knew or had reason to know that death would be the probable consequence of his act – IDIGBE, J.S.C
HOMICIDE UNDER THE PENAL CODE
‘Therefore, a person is clearly guilty of an offence under section 221 if he does an act which causes death with intention of killing or if he knew or had reason to know that death would be the probable consequence of his act’ – IDIGBE, J.S.C
ON LIABILITY OF MEMBERS OF AN UNLAWFUL ASSEMBLY
that there is an unlawful assembly, and that a member of it commits an offence in prosecution of the common object of that assembly-that is an offence in following up the common object: in such circumstances every person who is a member of that assembly at the time of committing that offence is guilty of that offence.’- IDIGBE, J.S.C
CASES CITED
Tambari Maijamaa, S.C. 524/63 decided on 16th June, 1964
STATUTES REFERRED TO
Penal Code (Northern Nigeria)
