Just Decided Cases

OLUSHEGUN HARUNA & ORS VS THE STATE

Legalpedia 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|


CLICK HERE TO READ FULL JUDGMENT

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