JAMES OGUNDELE VS DARE JULIUS FASU
June 27, 2025EBENEZER NWOKORO & ORS VS TITUS ONUMA & ANOR
June 27, 2025Legalpedia Citation: (1999-09) Legalpedia 05989 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Sep 24, 1999
Suit Number: SC.10/1998
CORAM
A.G. KARIBI-WHYTE – JUSTICE, SUPREME COURT
I.L. KUTIGI – JUSTICE, SUPREME COURT
S.U. ONU – JUSTICE, SUPREME COURT
U.A. KALGO – JUSTICE, SUPREME COURT
S.O. UWAIFO – JUSTICE, SUPREME COURT
A.G. KARIBI-WHYTE, JUSTICE SUPREME COURT
I.L. KUTIGI, JUSTICE SUPREME COURT
S.U. ONU, JUSTICE SUPREME COURT
U.A. KALGO, JUSTICE SUPREME COURT
S.O. UWAIFO, JUSTICE SUPREME COURT
PARTIES
SUNDAY OMINI
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
None.
SUMMARY OF FACTS
Appellant, a Police Officer, attached to the Mobile Unit of the Nigeria Police Force, was on duty at a road block mounted on the Lagos-Abeokuta Road, along Owode Village, on October 8, 1986. Appellant signaled the on-coming driver of OG 6656 EB to stop at the Police check point at Owode Village Road, and ordered him to park his vehicle on the Kerb side of the road beyond the check point. The driver of OG 6656 EB complied. When the driver alighted and walked to the Appellant to inquire for the reason for the order, he heard the sound of a gun shot, followed by the screaming and shouting of people from behind him.
HELD
The Appellant can be convicted of the offence or manslaughter because in complete and culpable disregard of his legal duty to take care in the handling or his gun in the discharge of his lawful duty, his act resulted in the death of tile deceased.
ISSUES
“1. Whether the prosecution had satisfied the evidential burden of proof beyond reasonable doubt?
2. Whether the Appellant was rightly convicted under Section 317 of the Criminal Code.?”
RATIONES DECIDENDI
KILLING WITHOUT INTENT
The death of the deceased was as a result of the act of the Appellant, the shooting which resulted in the death or tile deceased was as a result of the culpable disregard of his legal duty to take care, but without the necessary intent. The intention of Appellant was clearly to shoot at the vehicle. If as it appears from the evidence he failed to exercise sufficient care and consequently resulting in the death of the deceased, it seems to me that the action comes clearly within the purview of section 317 of the criminal code. Per Adolphus Godwin Karibi-Whyte JSC
CASES CITED
Alabi v State (1993) 17 NWLR part (307) 511 SC
Andrews v DPP. (1937) AC. 576
Ariche v The State (1993) 6 NWLR (pt.302) 752 SC
Egbogbonome v The State (1993) 7 NWLR (Part. 306) 383 at p. 436
Egboghonome v The State (1993) 17 NWLR Part.506 p. 383
Mathew Obakpolor v The State (1991) 1 NWLR 113
STATUTES REFERRED TO
Criminal Code
Evidence Act
