THE QUEEN VS GOVERNOR-IN-COUNCIL, WESTERN REGION
September 5, 2025BELLO ADELEKE VS FALADE AWOLIYI & ANOR
September 5, 2025Legalpedia Citation: (1962-05) Legalpedia 70959 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Wed May 2, 1962
Suit Number: SC 9/1962
CORAM
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
THE QUEEN
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW—ATTEMPTED MURDER—INGREDIENT OF OFFENCE—WEIGHT OF EVIDENCE—APPEAL
SUMMARY OF FACTS
The accused/appellant was arrested under a warrant on the 27th June, 1961, and brought up the next day for trial before the Ehime District Court. He objected to the constitution of panel as the complainant sat, the court upheld his objection, but did not allow him bail. In cell he disturbed and was brought to court and sentenced to a fine of £75 or three months imprisonment in default for contempt of court, Igwe Kemkwo taking part in the decision. He was unable to pay the fine on the spot and was returned to the cells again. Shortly afterwards, the appellant burst out of the cells with a matchet in his hand, and struck Igwe Kemkwo a blow with it, which caused a coronal incised wound of the scalp penetrating through the depth of the outer scalp table fracturing the scalp.
HELD
Appeal Allowed: Conviction for attempted murder set aside: Conviction under section 135(a) Criminal Code set aside: Conviction under section 135(b) Criminal Code, substituted.
ISSUES
Not Available
RATIONES DECIDENDI
INGREDIENT OF MURDER
“There was no dispute that an actual intention to kill is required, and that an intention to cause grievous harm, though sufficient to sustain a conviction for murder it death results, is not sufficient to sustain a conviction for attempted murder.” Per BRETT F.J.
CASES CITED
1. R. v. Albert (1960) W.R.N.LR 31
2. Stirland v. D.P.P. (1944) A.C. 315
STATUTES REFERRED TO
1. The Criminal Code
2. The Federal Supreme Court Ordinance, 1960
3. The Customary Courts taw, 1956
