AJOR ACHIMI VS THE STATE
August 16, 2025ABAYOMI ADELENWA VS THE STATE
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 36413
In the Supreme Court of Nigeria
Wed Oct 18, 1972
Suit Number: SC. 374/1971
CORAM
ELIAS CHIEF JUSTICE, NIGERIA
ATANDA FATAY-WILLIAMS, JUSTICE, SUPREME COURT
IBEKWE JUSTICE, SUPREME COURT
PARTIES
EYO EKPENYONG EYO UKO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged on two counts of breaking & entering contrary to section 411 of the Criminal Code of the former Eastern Nigeria and stealing. A witness testified that he saw the accused around the house on the said day. The accused was however, discharged and acquitted on the count of stealing.
HELD
The conviction was set aside. The appellant was discharged and acquitted.
ISSUES
The learned trial Judge misdirected himself in law in convicting the appellant on Count 1 when there was no evidence in support of the offence charged on that CountThe decision on Count 1 is unreasonable, unwarranted and cannot be supported having regard to the evidence
RATIONES DECIDENDI
PROOF OF BREAKING AND ENTERING
“In order to sustain the charge of breaking and entering under Section 411 of the Criminal Code of the former Eastern Nigeria, it must be proved not only that the accused did break and enter P.W.ls house but that he did so with intent to commit a felony therein.” Per Dr. T. O. Elias, JSC
CASES CITED
STATUTES REFERRED TO
Criminal Code of the former Eastern Nigeria
