MICHAEL ADEDAPO OMISADE & ORS VS THE QUEEN
September 4, 2025MOMODU ADISA VS THE STATE
September 4, 2025Legalpedia Citation: (1964-06) Legalpedia 16533 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Tue Jun 16, 1964
Suit Number: SC 524/63
CORAM
BRETT JUSTICE, SUPREME COURT
TAYLOR JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
PARTIES
TAMBARI MAIJAMAA
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-CULPABLE HOMICIDE
SUMMARY OF FACTS
The appellant and another were convicted of the offence of culpable homicide punishable with death by the trial court and has appealed against the conviction and sentence
HELD
The Court held that if two or more persons do acts together which cause death with the intention of causing death, they are guilty of capital homicide and accordingly dismissed the appeal
ISSUES
Whether it was the appellant who struck the fatal blow
In the event that it was not the appellant who struck the fatal blow, is he still guilty of culpable homicide
RATIONES DECIDENDI
CULPABLE HOMICIDE UNDER THE PENAL CODE
‘Thus a person is guilty of capital homicide if he does an act which kills with the intention of killing, or if he knew or had reason to know that death would be the probable consequence of his act. Consequently if two or more persons do acts together which cause death with the intention of causing death, they are guilty of capital homicide within paragraph (a); or if two or more persons in furtherance of their common intention do acts which they knew or had reason to know would cause death as the probable consequence of their acts, they would be guilty of capital homicide within paragraph (b).’- BAIRAMIAN, J. S. C
CASES CITED
STATUTES REFERRED TO
Penal Code
