J. A. ONIBANIYI & ANOR VS THE STATE
August 19, 2025SULE IYANDA SALAWU VS THE STATE
August 19, 2025Legalpedia Citation: (1972) Legalpedia (SC) 29671
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Thu Sep 7, 1972
Suit Number: SC 11/72
CORAM
E.O. OGWUEGBU
C.E.NWOSU-IHEME JCA
UDOMA
PARTIES
OLUSHEGUN HARUNAMUHAMMADU YUNUSA DOKOIBRAHIM MOHAMMEDPAUL OMOLOFESTUS A. RONE APPELLANTS
THE STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
On 1st March, 1971, all the Accused persons were convicted in the High Court of the North-Western State sitting at Sokoto by Mu’Azu Muhammad, Ag. J., in Charge No. SO/8C/1970 containing twenty counts. Of these twenty counts, all five of them were convicted on one count of criminal conspiracy punishable under Section 97 sub-section (1) of the Penal Code.
HELD
That the trial and conviction of the Appellants for criminal conspiracy in the High Court of the North-Western State were in order
ISSUES
Whether the charge of conspiracy involving all the five appellants could be tried as it was in the High Court of the North-Western State. Whether all the charges brought in respect of the overt acts of the conspirators arose out of the same transaction?
RATIONES DECIDENDI
CASES CITED
Briscoe and Scott v The King 102 ER 792|Choukhani v The King-Emperor 65 LR Indian Appeals 158 or (1939-40) 31 Cox’s Law Cases 44|N.A. Subramanya Iyer v The King-Emperor 28 LR Indian Appeals p. 257
STATUTES REFERRED TO
The Criminal Procedure Code of North-Western State|
