EDWARD ATTAH & ORS VS OBI CHUKWURAH NNACHO & ORS
September 4, 2025PAUL COURE & ANOR VS THE PROBATE REGISTRAR, LAGOS
September 4, 2025Legalpedia Citation: (1964-10) Legalpedia 10183 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Oct 23, 1964
Suit Number: SC 223/1963
CORAM
BRETT, A.G. CHIEF JUSTICE NIGERIA
BAIRAMIAN, CHIEF JUSTICE, NIGERIA
AJEGBO, JUSTICE, SUPREME COURT
BRETT JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
UBOCHI IROMANTU APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-MURDER-MANSLAUGHTER
SUMMARY OF FACTS
The Appellant was convicted at the court below of the offence of manslaughter and was sentenced to twelve years imprisonment. The Appellant appealed against the sentence and conviction
HELD
The Court held that there was nothing in the evidence of the prosecution to show that the appellant willfully shot at the deceased and accordingly allowed the appeal and set aside the conviction and sentence and entered a verdict of acquittal in favour of the appellant
ISSUES
Whether the appellant voluntarily fired his gun at the deceased or whether it was accidental
RATIONES DECIDENDI
ON LIABILITY OF AN ACCUSED FOR ACCIDENTS
Subject to the express provisions of this code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission, which occurs independently of the exercise of his will, or for an event which occurs by accident-AJEGBO JSC
ON LIABILITY OF AN ACCUSED FOR ACCIDENTS
‘Subject to the express provisions of this code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission, which occurs independently of the exercise of his will, or for an event which occurs by accident’-AJEGBO JSC
CASES CITED
STATUTES REFERRED TO
Criminal Code
