JAMES UBA & ORS VS THE STATE
August 15, 2025HACO LIMITED VS S.M. DAPS BROWN
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 14112
In the Supreme Court of Nigeria
Thu May 3, 1973
Suit Number: SC. 7/1972
CORAM
COKER, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
PATRICK NJOVENSY.L. BELLOALHAJI AMUSA ABIDOGUNCHIEF SAMUEL TAIWO OREDEIN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were charged with several offenses including abetment and receiving of stolen property
HELD
The court dismissed their appeal with respect to their conviction for abetment and receiving of stolen property and discharged and acquitted them on the other offences which were found not proved.
ISSUES
1960 FSC 207/1959 [1960] NSCC 41
Whether the learned trial judge was right in convicting the appellants
RATIONES DECIDENDI
WHETHER PROSECUTION MUST DISPROVE PLEA OF ALIBI IN ALL CIRCUMSTANCES
There is nothing extraordinary or esoteric in a plea of alibi. Such a plea postulates that the accused person could not have been at the scene of the crime and only inferentially that he was not there. Even if it is the duty of the prosecution to check on a statement of alibi by an accused person and disprove the alibi or attempt to do so, there is no flexible and/or invariable way of doing this. If the prosecution adduce sufficient and accepted evidence to fix the person at the scene of crime at the material time, surely his alibi is thereby logically and physically demolished- Coker J.S.C
THE INITIAL ELEMENT OF THE OFFENCE OF ABETMENT
In a charge of Abetment of an offence the “initial element” is the instigation or positive act of encouragement to do the act or omission which constitutes the offence- Coker J.S.C
MEANING OF ENTER UNDER SECTION 4(2) (b) CRIMINAL CODE
Section 4(2) (b) of the Penal Code Law which deals with cases in which the “initial element” occurs outside State, does require that the person who does that act or omission should “afterwards enter” the State before being triable or punishable under the Penal Code. … to construe the word “enter” in the sub-section as meaning only a voluntary entry would be completely ridiculous since in that circumstance no criminal will ever enter the State when he knows or realises that such entry may make him triable by the laws of the State.- Coker J.S.C.
CASES CITED
R v Ellis (1899) 1 Q.B. 230;
The king v. Oliphant (1905) 2 K.B. 67
Hemyo Atam & Anor. V. The State, S.C.632/66 decided on the 11th January, 1967
STATUTES REFERRED TO
The Penal Code Law
