BENDEL CONSTRUCTION CO. LTD VS ANGLOCAN DEVELOPMENT CO (NIG.) LTD
August 23, 2025ELEKTROTECHNISCHE FABRIK SCHMIDT VS BATERIA SLANY NARODNI PODNIC
August 26, 2025Legalpedia Citation: (1972) Legalpedia (SC) 87817
In the Supreme Court of Nigeria
Fri Mar 3, 1972
Suit Number: SC.345/1970
CORAM
ADEMOLA JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
PARTIES
PIUS NWAOGA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Accused/Appellant was convicted of murder of a fellow rebel soldier, by following the construction of a superior officer. However as the offence was committed when the accused was wearing plain clothes and not army uniform and manifestly illegal his conviction was upheld and the appeal dismissed.
HELD
The court held that deliberate and intentional killing of an unarmed person having peacefully inside the Federal territory as in this case is a crime against humanity and even if committed during a civil war is in violation of the domestic law of the country.
ISSUES
Whether the defence of superior ordered can avail a soldier who commits murder.
RATIONES DECIDENDI
CONTRADISTINCTION BETWEEN ENEMY SOLDIERS AND ENEMY INDIVIDUALS
“Enemy soldiers- in contradistinction to promote enemy individuals- may only be punished for such acts when they have committed them during their stay within a belligerent lines under disguise.”
SOLDIERS ARE BOUND BY BOTH MILITARY AND CIVIL LAW
“A soldier is responsible by military and civil law and it is monstrous to suppose that a soldier could be protected when the order is grossly and manifestly illegal”- Per Ademola CJN.
CASES CITED
Keighly vs. Bell (1866) 176 En Rep 781 at p. 793 R vs.
Smith (1900) 177 SCR 56C
STATUTES REFERRED TO
Criminal Code
