A. IBEGBU V. LAGOS CITY COUNCIL CARETAKER COMMITTEE
August 12, 2025DOMINIC OKOLO & 3 ORS V. THE STATE
August 12, 2025Legalpedia Citation: (1974) Legalpedia (SC) 11651
In the Supreme Court of Nigeria
Fri Feb 22, 1974
Suit Number: SC. 240/1972
CORAM
ELIAS CHIEF JUSTICE OF NIGERIA,
SOWEMIMO, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
LUKE C. N. ECHEAZU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, customs duty officer demanded money from the complainant so he could take his vehicles from the port duty free even though the vehicles which are ambulances were not supposed to be charged. The complainant paid the required sum with dummy notes acquired from central bank and the appellant was charged under Sec 406 & 309 (9) 0f the Criminal Code, Sec 309 was amended to read attempt to Steal.
HELD
The Supreme Court held that the Appellant was rightly convicted of an attempt to steal, so, the appeal lacks merit and was dismissed. The conviction of the appellant by the court of trial and the sentence imposed on him were affirmed.
ISSUES
Whether the learned Judge of the High Court was wrong in law in upholding the order for amendment made by the Chief Magistrate when the said Order was illegal or ought not to have been made at the stage and in the circumstances in which it was made.
RATIONES DECIDENDI
AMENDMENT OF A CHARGE
In view of the fact that new charges could, under the section, be added to the original one, it would be unreasonable to hold that the alteration of the charge cannot be extended to the framing of a new charge in place of the original one.- Per IRIKEFE, JSC
CASES CITED
Okwechime v. I.G of Police FSC (1956) P.73
R. v. Kano and Arisah – 20 NLR p. 32
R. v. Sunday Ijoma & Ors. – 12 WACA p.220
STATUTES REFERRED TO
Sec 163 of the Criminal Procedure Code
