CORAM

---

TASLIM O. ELIAS, JUSTICE, SUPREME COURT

GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT

ATANDA FATAI-WILLIAMS , JUSTICE, SUPREME COURT

---

PARTIES

---

J.A. ADEOSUN APPELLANTS

---

RESPONDENTS

---

AREA(S) OF LAW

---

---

SUMMARY OF FACTS

The appellant a Registrar of Insurance in the Federal Ministry of Trade in Lagos. Was amongst other charge, charged with corruptly asking for the sum of N2,000 from one B.A. Obika

---

HELD

---

The court allowed the appeal. The judgment of Dosunmu, J., delivered in the High Court of Lagos State on 30th August, 1974, was accordingly set aside and the appellant was acquitted and discharged.

---

ISSUES

---

Whether the learned trial Judge erred in law in convicting the appellant of an attempt to commit the offence stated in count two of the information since the particulars of the count, as amended by the learned trial Judge, did not disclose or constitute any offence in law. That the learned trial Judge erred in convicting the appellant for an offence under Section 98(1)(b)(ii) of the Criminal Code when the evidence does not establish an attempt to commit the offence charged in count two.

---

RATIONES DECIDENDI

---

WHERE SAME LAW CREATES THE SUBSTANTIVE OFFENCE AND AN ATTEMPT

---

“Where the provision of the law which creates and punishes the substantive offence also makes provision for a separate charge of an attempt to commit the substantive offence, a person charged with the substantive offence and found guilty only of an attempt to commit such offence can still be punished for the attempt without being specifically charged with that offence.” FATAYI-WILLIAMS, JSC.

---

CASES CITED

---

Samuel Akinrolabu v. The State (1971) 1 NMLR 25.

Batcheller (Robert) & Sons Ltd. v. Batcheller (1945) Ch. 169 at p. 176

---

STATUTES REFERRED TO

---

Criminal Procedure Law of the Lagos State (Cap. 32 of the Laws of Lagos State)

---

CLICK HERE TO READ FULL JUDGMENT