SUNDAY OMEGA VS THE STATE
September 3, 2025AOR NYAM & ORS VS THE STATE
September 3, 2025Legalpedia Citation: (1064-11) Legalpedia 74702 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Wed Nov 25, 1964
Suit Number: S.C. 449/1964
CORAM
OLUKAYODE ARIWOOLA
BAIRAMIAN, CHIEF JUSTICE, NIGERIA
COKER, JUSTICE, SUPREME COURT
PARTIES
EDEM AKPAN EKPO ITA ASUQUO APPELLANTS
THE STATE RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW, MURDER, ACCOMPLICE
SUMMARY OF FACTS
The Appellants in a bid to resist being arrested by custom officials for being in possession of contraband goods, murdered a custom officer and sought an order of court discharging and acquitting them of the offence.
HELD
The Court held that the appeal of the first appellant, Edem Akpan Ekpo, from the decision of the High Court at Calabar dated 25th June, 1964 in case No. C/58C/1963 be and the same is dismissed, the appeal of Ita Asuquo, the second appellant, be allowed and that a verdict of acquittal shall be entered in his regard.
ISSUES
Whether pw16 and pw17 were accomplices in law.
RATIONES DECIDENDI
WHO MAY BE AN ACCOMPLICE
A witness may also rank as an accomplice on the ground that he assisted the culprit to escape punishment and was an accessory after the fact in that way. BAIRAMIAN, J.S.C.
WHO MAY BE AN ACCOMPLICE
“A witness may also rank as an accomplice on the ground that he assisted the culprit to escape punishment and was an accessory after the fact in that way.” BAIRAMIAN, J.S.C.
CASES CITED
1. Davies v. D.P.P. [1954] A.C. 378
STATUTES REFERRED TO
Not Available
