ISAAC J. A. BORO AND ORS VS THE REPUBLIC
September 1, 2025MARION OBIMONURE VS OJUMOOLA ERINOSHO AND ANOR
September 1, 2025Legalpedia Citation: (1966-11) Legalpedia 25140 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri Nov 25, 1966
Suit Number: SC 460/1966
CORAM
BRETT JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
DABO FULANI AND ANOR
APPELLANTS
BORNU N.A.
RESPONDENTS
AREA(S) OF LAW
CULPABLE HOMICIDE
SUMMARY OF FACTS
The appellants were tried in the Court of the Shehu of Bomu and convicted of culpable homicide punishable with death, the offence being described as one contrary to section 221 (a) of the Penal Code. They appealed to the High Court in which their appeal was dismissed. Not satisfied with the decision of the high court, they further appealed to the Supreme Court.
HELD
The convictions under section 221 of the Penal Code and the sentences of death were set aside. Instead, the appellants were convicted of culpable homicide not punishable with death and judgment would be passed at a later date. The appellants were to remain in prison until sentence is passed.
ISSUES
Whether the High Court was right to dismiss their appeal, but substituted a conviction under section 221 (b) of the Code.
RATIONES DECIDENDI
CONVICTION OF CULPABLE HOMICIDE PUNISHABLE WITH DEATH
“In the High Court it would not be permissible to convict of culpable homicide punishable with death on a charge worded as the charge in the present case was, and although section 387 of the Criminal Procedure Code makes a formal charge unnecessary in a native court it is not to be used as justifying a charge which is capable of misleading an accused person as to the ingredients of the offence alleged against him.”
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
