CORAM
BRETT JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
MICHAEL OKWUWA
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-OFFICIAL CORRUPTION
SUMMARY OF FACTS
The appellant was alleged to have collected bribe in the course of his duty as a police officer
HELD
The court held that the appellant was rightly convicted, and accordingly dismissed his appeal
ISSUES
Whether the trial judge erred in law when he convicted the appellant of a charge that was never reduced to writing and to which the appellant did not plead
RATIONES DECIDENDI
EFFECT OF A PLEA OF NOT GUILTY
“It also goes to show that there is no substance in the complaints of the appellant in a case where the particulars are inclusive of the graver offence and of the lesser too: the plea of not guilty is a denial of all the particulars, so it covers the lesser offence also, and the defence must counter those of the particulars which make up the lesser offence in addition to countering the added ingredient which augments it to the graver offence in the charge.”
BAIRAMIAN,J.S.C.
CASES CITED
1. The Queen v. Nwogugua Agumadu, F.S.C. 104/1963
2. R. v. O’Brien (1911) 22 Cox C.C. 374, 6 Cr. App. R. 108
3. Samuel Omu v. C.O.P., 13 W.A.C.A. 103
4. Nwobu and Mordi v. The Police, F.S.C. 382/1961, decided on 22nd June, 1962
5. Edu v. C.O.P., 14 W.A.C.A. 163
6. Connelly v. D.P.P., heard in the House of Lords and reported in the Weekly Law Reports for May 29, 1964
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
STATUTES REFERRED TO
1. Penal Code of the Northern Region
2. Criminal Procedure Code
3. Criminal Procedure Act, Cap. 43 1958 Laws of the Federation
4. High Court Law, 1955 of the Northern Region