MOGAJI LASISI ATANDA & ORS VS SALAMI AJANI & ORS
July 16, 2025STEPHEN OKONGWU VS NIGERIAN NATIONAL PETROLEUM CORPORATION
July 16, 2025Legalpedia Citation: (1989-07) Legalpedia (SC) 15899
In the Supreme Court of Nigeria
Tue Jul 11, 1989
Suit Number: SC. 184/1988
CORAM
ESO JUSTICE, SUPREME COURT
UTHMAN MOHAMMED JUSTICE , SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, COURT OF APPEAL
AKPATA JUSTICE, SUPREME COURT
WALI JUSTICE, SUPREME COURT
PARTIES
OLUFEMI BABALOLA
DARLINGTON OMOLE
JOSEPH AIYEGBAYO
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – RIGHT OF AN ACCUSED PERSON TO ELECT NOT TO GIVE EVIDENCE – FORGERY- STEALING- CONVICTION FOR OFFENSE PROVED
SUMMARY OF FACTS
The appellants presented a cheque drawn on a non- existing bank to purchase rolls of carpets. They were charged for forgery but the trial court found that stealing was proved and convicted them for stealing.
HELD
The court dismissed their appeal.
ISSUES
Not Available
RATIONES DECIDENDI
POWER OF COURT TO CONVICT FOR OFFENSES NOT EXPRESSLY CHARGED.
The Criminal Procedure Act has vested the courts with the power to convict for offences not expressly charged. Where in the trial for offences mentioned in Chapter 37 of the Criminal Code, the facts proved in evidence support a conviction for an offence other than that with which the accused is charged, he may be found guilty of that other offence and punished accordingly – Karibi- Whyte J.S.C
CASES CITED
1. Oyediran & Ors. v. The Republic (1967) N.M.L.R. 122 at p.125
2. Okonofua v. The State (1981) 6-7 S. C. 1, at pp.25-26
STATUTES REFERRED TO
1. The 1979 Constitution
2. The Criminal Procedure Act
