NIPOL LIMITED VS BIOKU INVESTMENT AND PROPERTY CO. LTD.
July 11, 2025COMMERCE ASSURANCE LTD VS ALHAJI BURAIMOH ALLI
July 11, 2025Legalpedia Citation: (1992) Legalpedia (SC) 01110
In the Supreme Court of Nigeria
Fri Apr 10, 1992
Suit Number: SC. 162/1990
CORAM
BELGORE JUSTICE, SUPREME COURT
AKPATA JUSTICE, SUPREME COURT
KARIBI-WHYTE,JUSTICE, SUPREME COURT
PARTIES
PAUL YABUGBE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, a police officer, was charged for unlawful assault on a magistrate under the Western Nigeria Criminal Code after the creation of Oyo State more than 3 months after the act. The Magistrates’ Association had written the commission of police to speed up investigation. He was convicted by a magistrate.
HELD
The court held that the public officers’ protection law is inapplicable to criminal prosecution and that the appellant was not misled by virtue of the law under which he was tried and that there was no likelihood of bias.
ISSUES
1. Whether the prosecution’s case is maintainable in the light of the fact that the appellant was charged outside the three months period of limitation prescribed by the Public Officers Protection Law, Cap. 106, Laws of Oyo State of Nigeria, 1978.2. whether the appellant was tried for an offence known to law and whether the charge was brought under a non-existing law, and if so whether in the circumstances the conviction is vitiated.3. Whether the trial of the appellant could be said to be fair in the light of Exhibits P and Q
RATIONES DECIDENDI
CASES CITED
Deduwa v. Okorodudu (1976)9/10 S.C. 329 at pages 348 to 349Oruwari v. The, State (1985)3 NWL.R. (Pt 13) 486
STATUTES REFERRED TO
The Criminal procedure ActThe Constitution of the Federal Republic of Nigeria 1963
