BOLA ETUWEWE AND ANOR VS SUNDAY ETUWEWE AND ETUWEWE
September 1, 2025R. A. EROKWU AND ORS VS S. I. BOSAH AND ORS
September 1, 2025Legalpedia Citation: (1966-06) Legalpedia 59357 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Jun 24, 1966
Suit Number: SC 212/1966
CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
MOSES FAYEMI
APPELLANTS
ATTORNEY-GENERAL, WESTERN NIGERIA
RESPONDENTS
AREA(S) OF LAW
Criminal Law- Murder-Conspiracy
SUMMARY OF FACTS
The appellant was convicted of murdering a woman named SikuletudeOpeni and as his age on the date of conviction was less than seventeen years he was not sentenced to death but was ordered to be detained during the Military Governor’s pleasure under s.368 (3) of the Criminal Procedure Act.
HELD
That the appellant ought not to have been convicted either of murder or of any other offence of which it may have been open to the court to convict on the information
ISSUES
Whether the trial Court rightly convicted the accused person for conspiracy?
RATIONES DECIDENDI
CONVICTION UNDER SEC 7(b) Criminal Code
The appellant cannot be convicted under s.7 (b) of the Criminal Code unless it is proved that the people who actually did the act which constituted the offence were those whom he enabled to commit.-Per Brett, J.S.C.
CASES CITED
Obosi v. The State (1965) N.M.L.R. 119
Surujpaul v. The Queen [1958] 1 W.L.R. 1050
STATUTES REFERRED TO
Criminal Code
