ITESHI ONWE VS THE STATE
August 8, 2025CHIEF A.S. AMOS & ORS V SHELL-BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD. & ANOR
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 14117
In the Supreme Court of Nigeria
Fri Oct 24, 1975
Suit Number: SC. 359/1974
CORAM
DARNLEY A.R. ALEXANDER, JUSTICE, SUPREME COURT
OGUNDARE, JUSTICE, SUPREME COURT
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
NOMEH OKA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant was tried and convicted for murder in the trial court.
HELD
The Supreme Court allowed the appeal and the conviction for murder of the appellant was quashed. The Court entered a finding of not guilty of the said charge and ordered that the appellant be acquitted and discharged.
ISSUES
Whether there was no proof of unlawful killing
RATIONES DECIDENDI
MATERIAL INGREDIENT OF THE OFFENCE OF MURDER OR MANSLAUGHTER
“It is a material ingredient of the offence of murder or manslaughter for that matter, that any killing alleged and proved must be unlawful as set out in Section 316 of the Criminal Code. If this ingredient is not proved either by direct or circumstantial evidence then the case is not made out.” Per SOWEMIMO, JSC
CASES CITED
STATUTES REFERRED TO
Criminal Code
