J. D. OWUMI VS PATERSON ZOCHONIS & CO (NIG.) LTD.
August 11, 2025BALE ADEGBAIYE & ANOR V. JOSIAH R. AKINRIMISI & ANOR
August 11, 2025Legalpedia Citation: (1974-10) Legalpedia (SC) 84160
In the Supreme Court of Nigeria
Fri Oct 25, 1974
Suit Number: SC. 93/1974
CORAM
MUHAMMED BELLO, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
COMMISSIONER OF POLICE MIDWESTERN STATE OF NIGERIA
APPELLANTS
STEPHEN ORUWARE
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE- BURDEN OF PROOF IN CRIMINAL CASES
SUMMARY OF FACTS
The defendant/respondent sold abortion pills to the victim & was convicted under S. 173 and S.277 of Criminal Code Cap 28 of Vol 1, Laws of Western State of Nigeria, 1959, but the Court of Appeal quashed the conviction.
HELD
The appeal was allowed and the Judgement of the High Court on appeal was set aside and the judgement of the Senior Magistrate was upheld. The Supreme Court held that Sec 278 amplifies the provisions of Sec 277.
ISSUES
Whether the learned Judge of appeal erred in law by not applying the presumption that the possession of the of the Ladies Occasional Pills, which are poison, by the accused/respondent should be deemed to be for an illegal purpose in the circumstances under Section 278 of the Criminal Code Cap. 28, Vol. I, Laws of the Western State of Nigeria 1959 applicable in the Midwest.
RATIONES DECIDENDI
SALE OR POSSESSION OF POISON FOR AN ILLEGAL PURPOSE.
CASES CITED
Not Available
STATUTES REFERRED TO
CRIMINAL CODE
