OLAGUNJU SHITTA VS THE QUEEN
September 10, 2025CIGARI SHEHU VS J. B. OGEDENGBE
September 10, 2025Legalpedia Citation: (1961-01) Legalpedia 14636 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Sat Jan 21, 1961
Suit Number: S.C. 159/1960
CORAM
BRETT, JUSTICE SUPREME COURT
HURLEY, JUSTICE SUPREME COURT
BELLAMY, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
THE QUEEN
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
CHARGES- CRIMINAL LAW -EVIDENCE-ASSAULT-RIOTING
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellants were charged for rioting an assault, the evidence revealed two incidents of rioting with one of which the appellant did not participate and there was no evidence of who committed the assault.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the fact that evidence of two incidents of rioting was led despite the charge for one did not prejudice the appellants but that the charge for assault was not proved.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the charge of rioting offended against the provisions of s. 156 of the Criminal Procedure Ordinance and the rule in R. v. Achie.
Whether the High court was right in convicting the appellants for assault
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
VALIDITY OF A CRIMINAL CHARGE.
‘The rule laid down in section 156 and the case of R. v. Achie does not apply where a charge is valid on the face of it.’ Per Brett F J
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
R. v. Achie (1947) 12 W A.C.A. 209
STATUTES REFERRED TO
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The Criminal Procedure Ordinance
