CHIEF YESUFU A. ONIRU V. WAHABI A. GBADAMOSI
August 27, 2025GRACE BOMS V. THE STATE
August 27, 2025Legalpedia Citation: (1971) Legalpedia (SC) 19111
In the Supreme Court of Nigeria
Fri Dec 17, 1971
Suit Number: SC 6/1970
CORAM
ADEMOLA, CHIEF JUSTICE, NIGERIA
MADARIKAN, JUSTICE, SUPREME COURT
OBASEKE, JUSTICE, SUPREME COURT
PARTIES
MUHAMMADU TSOFOLI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was convicted and sentenced for cheating under the Penal Code and was ordered to pay compensation to the complainant. He sought to set aside the order for payment of compensation.
HELD
The Court set aside the order for compensation holding that an order for compensation cannot stand without conviction.
ISSUES
Whether the High Court on appeal was right, after it had set aside the conviction of the accused (appellant), in affirming the order of payment of compensation of £160 to the complainant made by the Magistrate Court
RATIONES DECIDENDI
EFFECT OF A QUASHED DECISION ON COMPENSATION GIVEN
“When an order for compensation is made it is part of the sentence passed by the Court -See R. v. William Jones (1929) 1 KB. 211; 21 Cr. App. R. 59. It follows therefore that when a conviction is quashed, the sentence passed must be set aside and this includes any compensation awarded.” Per Ademola CJN
AWARD OF COMPENSATION IN CRIMINAL MATTERS
“The question of rewards and compensation in criminal cases, as far as we are aware, is never the subject of inherent jurisdiction of any court.” Per Ademola CJN
CASES CITED
R. v. William Jones (1929) 1 KB. 211; 21 Cr. App. R. 59
STATUTES REFERRED TO
1. Criminal Law Act (English), 1826,
2. Criminal Justice Administration Act, 1851
3. Forfeiture Act 1870
4. Larceny Act, 1916
5. Criminal Procedure Act
6. Penal Code
