BARCLAYS BANK OF NIGERIA LTD V. CENTRAL BANK OF NIGERIA
August 7, 2025MICHAEL IJUAKA V. COMMISSIONER OF POLICE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 12113
In the Supreme Court of Nigeria
Fri Jun 4, 1976
Suit Number: SC. 383/1975
CORAM
GEORGE ADESOLA OGUNDARE JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
MOHAMMED BELLO, JUSTICE, SUPREME COURT
PARTIES
ISA MAMMAN MAMMAN DAN-HASHI AHMADU DAN-ALU MAMAN DAN MAI-KARFI PLAINTIFF(S)
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were charged with culpable homicide punishable with death by causing the death of Alhaji Tudu by beating him with axes and sticks over a land dispute.
HELD
The court affirmed the conviction of the 1st, 3rd and 4th appellant and further held that there was no sufficient evidence to convict the 2nd appellant for abatement of culpable homicide punishable with death.
ISSUES
None.
RATIONES DECIDENDI
ABATEMENT- MEANING OF
1. abetment is defined in Section 83 of the Penal Code as follows –
“A person abets the doing of a thing, who –
(a) instigates any person to do that thing; or
(b) engages with one or more other person or persons in any conspiracy for the doing of that thing; or
(c) intentionally aids or facilitates by any act or illegal omission the doing of that thing.”
we were clearly and firmly of the view that the evidence relied on by the learned trial Judge as circumstantial evidence and as being sufficient to support a conviction for abetment of culpable homicide punishable with death related to no more than mere circumstances of suspicion, and that there was no evidence to support the conviction. Per D. A. R. ALEXANDER, CJN
CASES CITED
R. v. Moses (1960) 5 FSC 187
R. v. Ororosokodo (1960) 5 FSC 208
Abieke and Ezere v. The State (1975) 9-11 S.C. 97
STATUTES REFERRED TO
The Penal Code
The Criminal Procedure Code
