BALE ADEGBAIYE & ANOR V. JOSIAH R. AKINRIMISI & ANOR
August 11, 2025UTILGAS NIGERIAN & OVERSEAS GAS CO. LTD V. PAN AFRICAN BANK LTD
August 11, 2025Legalpedia Citation: (1974-10) Legalpedia (SC) 81101
In the Supreme Court of Nigeria
Fri Oct 11, 1974
Suit Number: SC. 123/1973
CORAM
TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
PARTIES
GERTRUDE ATTE
APPELLANTS
COMMISSIONER OF POLICE
RESPONDENTS
AREA(S) OF LAW
ASSAULT
SUMMARY OF FACTS
The appellant was convicted by the Magistrate Court of Assault according to S.351 of Criminal Code of South Eastern Code.
HELD
The Supreme Court held that the appellant and prosecution witness 1 were jointly to blame for the incident should have both been bound over to keep the peace. The appeal was allowed and the conviction was set aside. The appellant was acquitted and discharged.
ISSUES
Whether the guilt of the accused has been proved beyond reasonable doubt.
RATIONES DECIDENDI
WHEN CAN THE COURT ORDER BOTH AN ACCUSED AND A COMPLAINANT TO BIND OVER?
“power of the court to bind over both the complainant and an accused person to be of good behaviour will be found in Section 300 of the Criminal Procedure Code (Cap. 31)”- Per Fatayi-Williams, JSC
CASES CITED
Not Available
STATUTES REFERRED TO
S.300 Of Criminal Procedcure Code (cap 31) of the Laws of the East-Central State
