PAUL COURE & ANOR VS THE PROBATE REGISTRAR, LAGOS
September 4, 2025THEOPHILUS ADEBAYO DOHERTY & ANOR VS RICHARD ADE DOHERTY
September 4, 2025Legalpedia Citation: (1964-10) Legalpedia 02016 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Oct 9, 1964
Suit Number: SC 326/1964
CORAM
BRETT, JUSTICE, SUPREME COURT
BAIRAMIAN, CHIEF JUSTICE, NIGERIA
AJEGBO, JUSTICE, SUPREME COURT
BRETT, JUSTICE SUPREME COURT
ONYEAMA, JUSTICE SUPREME COURT
AJEGBO, JUSTICE SUPREME COURT
PARTIES
COMMISSION OF POLICE APPELLANTS
CHRISTIAN OKOYEN
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW, POSSESSION OF POISONOUS SUBSTANCE
SUMMARY OF FACTS
The appellant sought an order of court upholding the sentence and conviction passed by the Sapele Magistrate Court.
HELD
The Court held that regards the charge under section 277 of the Criminal Code, we allow the appeal, set aside the judgement given by the High Court on appeal, and affirm the conviction and sentence passed by the Magistrate’s Court. As regards the charge under section 369 of the Criminal Code we dismiss the appeal.
ISSUES
Whether the defective nature of the charge was enough to warrant discharging the respondent of the offence charged.
RATIONES DECIDENDI
RIGHTS OF A PROSECUTOR TO APPEAL
The right of appeal of a prosecutor, however, only extends to errors in law- BRETT, J.S.C.
RIGHTS OF A PROSECUTOR TO APPEAL
“The right of appeal of a prosecutor, however, only extends to errors in law”- BRETT, J.S.C.
CASES CITED
1. Police v. Ededey (1963) F.S.C. 291/1963;
2. Okoro v. Police (1953) 14 W.A.C.A. 370
3. R. v. Ijoma (1962) F.S.C. 309/1961
4. R. v. McVitie [1960] 2 O.B. 483
STATUTES REFERRED TO
1. Criminal Code of Mid-Western Nigeria
2. Magistrates’ Courts Law.
3. Supreme Court Act, 1960
4. High Court of Lagos Act
