BATA NIGERIA (SALES) LTD V. BRIGADIER MARTIN ADAMU
August 7, 2025JOHNSON BEKEDEREMO V. COLGATE-PALMOLIVE (NIG.) LTD
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 21127
In the Supreme Court of Nigeria
Fri Jun 11, 1976
Suit Number: SC. 122/1975
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
OYESANMI J. AKINLEMIBOLA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant was accused of corruptly receiving and accepting the sum of £20beyond his proper pay and emoluments for the performance of his official duties.
HELD
The Supreme Court held that the evidence adduced before the trial Court was not properly evaluated. The Court set aside the conviction, and ordered that the accused be acquitted and discharged.
ISSUES
Whether the prosecution witnesses were accomplices in the particular circumstances of this case
RATIONES DECIDENDI
DEFINITION OF ACCOMPLICE
“In our view, persons, who, if called as witnesses for the prosecution, are treated as accomplices are persons who were participes criminis in respect of the actual crime charged, whether as principals or accessories before or after the fact to felonies or persons committing, procuring or aiding and abetting misdemeanours.” Per A. FATAYI-WILLIAMS, JSC
CASES CITED
Davies v. D.P.P. (1954) AC (H.L.) 378
R v. Smith (1960) 44 Cr. App. R. 55
STATUTES REFERRED TO
The Criminal Code of Lagos State
