ASIRU GBADOMOSI & ORS V SALAMI A. BELLO (MOGAJI) & ORS
July 24, 2025J.E. EHIMARE & ANOR V OKAKA EMHONYON
July 24, 2025Legalpedia Citation: (1985) Legalpedia (SC) 41910
In the Supreme Court of Nigeria
Fri Feb 15, 1985
Suit Number: SC. 127/1984
CORAM
OBASEKI, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
KARIBI-WHYTE, JUSTICE, SUPREME COURT
AGBAJE
OPUTA, JUSTICE, SUPREME COURT
PARTIES
SYLVESTER OGBOMOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant ylvester Ogbomor (m) on or about the 28th day of March 1981, along Benin-Auchi Road, at Agbede, in the Auchi Judicial Divi-sion, robbed one Emmanuel Usoegbu of the sum of N12:00K and at the time of robbery he was armed with an offensive weapon to with a locally made pistol.
HELD
APPEAL DISMISSED
ISSUES
None.
RATIONES DECIDENDI
POWER OF THE COURT TO AMEND A CHARGE UNDER A WRONG SECTION
“If this were a conviction on indictment and the indictment had charged an offence under a wrong section although the Court had power to amend the indictment before the trial and put the right section in, it seems clear that if the conviction took place without the indictment being amended, the Court of Criminal Appeal would have no option but to quash the conviction.” LORD GODDARD C.J. PER KAIRIBI WHYTE J.S.C
CASES CITED
STATUTES REFERRED TO
