OMOTOSHO JACOB VS COMMISSIONER OF POLICE
September 8, 2025AFOLABI ADEBISI VS COMMISSIONER OF POLICE
September 8, 2025Legalpedia Citation: (1961-11) Legalpedia 13612 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Tue Nov 28, 1961
Suit Number: SC 297/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
UNSWORTH , JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
BORNU NATIVE AUTHORITY
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
AMENDMENT OF A CHARGE BY APPELLATE COURT- CRIMINAL LAW
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 for provoking members of his political parties to take part in a riot. There was no evidence that the riot took place, the lower court then amended the offence to attempt to procure the commission of a riot and convicted the appellant.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that there was nothing to show that the appellant’s defence would have been different if he has charged with attempt to procure the commission of a riot and upheld the conviction.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the appellant was prejudiced by the alteration in the charge
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
WHEN AN ACCUSED PERSON WILL BE PREJUDICED BY THE ALTERATION IN A CHARGE
‘In order for an accused person to establish that he was prejudiced by the alteration in the charge by an appellate court, it must shown that his defence would have been different if he was charged with the new offence at trial.’ Per Unsworth, F.J
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
