OSHIN VS INSPECTOR-GENERAL OF POLICE
September 10, 2025OLAGUNJU SHITTA VS THE QUEEN
September 10, 2025Legalpedia Citation: (1961-01) Legalpedia 28709 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Jan 23, 1961
Suit Number: SC. 204/1960
CORAM
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
INSPECTOR-GENERAL OF POLICE
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
CRIMINAL LAW – ASSAULT
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The Criminal Code
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the appellant was rightly charged and convicted for assault.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the assault by the appellant was justified.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
ASSAULT
‘There must be honest and reasonable belief of threat to property for assault to be justified under section 289, 291, 293 and 295 of the criminal code. The sections deal with a person who is defending his possession of real property, not with one who is retaliating for a trespass which is over and done with.’ Per Brett F.J
CASES CITED
Not Available
STATUTES REFERRED TO
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The Criminal Code
