UGORJI EZEKPE & ANOR VS THE QUEEN
September 4, 2025NATIONAL INVESTMENT & PROPERTIES COMPANY LIMITED & ANOR Vs BANK OF WEST AFRICA LTD
September 4, 2025Legalpedia Citation: (1962-11) Legalpedia 14283 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Nov 23, 1962
Suit Number: SC 311/1962
CORAM
ADEMOLA, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
THE QUEEN
APPELLANTS
BELLO
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-PREFERRING A CHARGE—APPEAL
SUMMARY OF FACTS
The appellant was convicted of murder and by a statement made to the police by the appellant; he admits that he took part in an armed robbery with two other men whom he named, though not that he himself shot an arrow. The murder was clearly committed in the prosecution of a common purpose, and it is immaterial that the appellant did not himself shoot an arrow, he appealed that the Judge preferred the charge which nullified the proceedings.
HELD
The appeal is dismissed.
ISSUES
Not Available
RATIONES DECIDENDI
PURPORT OF S.185 (B) OF THE CRIMINAL PROCEDURE CODE
‘it is enough to say that the wording of section 185(b) is designed to cover the case where one Judge gives leave for a charge to be preferred and the case is tried before another Judge (as in R. v. Rothfield, 26 Cr. App. R. 103) as well as that where the same judge gives leave and tries the case. Per BRETT F.J.
CASES CITED
R. v. Rothfield, 26 Cr. App. R. 103
STATUTES REFERRED TO
1. The Criminal Code
The Criminal Procedure Code
