ISAAC OMOREGBE V DANIEL PENDOR LAWANI.
July 31, 2025HON. JUSTICE TITUS ADEWUYI OYEYEMI (RTD) & ORS v. HON. TIMOTHY OWOEYE & ANOR
July 31, 2025Legalpedia Citation: (1980-18) Legalpedia 70927 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Apr 18, 1980
Suit Number: LER [1980] S.C. 5/1979
CORAM
IRIKEFE, JUSTICE SUPREME COURT
BELLO, JUSTICE SUPREME COURT
IDIGBE, JUSTICE SUPREME COURT
OBASEKI, JUSTICE SUPREME COURT
NNAMANI, JUSTICE SUPREME COURT
PARTIES
YAKUBU MOHAMMED & ANOR
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – MURDER – COMMON INTENTION- SECTION 7, 8, AND 9 OF THE CRIMINAL CODE
SUMMARY OF FACTS
The 1st appellant instructed the 2nd appellant and another person not to allow the persons suspected to have attempted to steal his motorcycle to go scot free. The deceased was murdered by the 2nd appellant and another person while trying to prevent the appellants from beating the suspected thieves. The 1st appellant took no part in the beating of the deceased.
HELD
The court allowed the 1st appellant’s appeal and confirmed the 2nd appellant’s conviction.
ISSUES
Whether or not the Court of Appeal was right in confirming the 1St and appellants’ conviction by virtue of Sections 8 and 9 of the Criminal Code
RATIONES DECIDENDI
WHETHER MERE PRESENCE AND CALLOUSNESS AT THE SCENE OF A CRIME RENDERS THE PERSON PRESENT LIABLE UNDER SECTION 7 OF THE CRIMINAL COD
It is trite law that mere presence and callousness at the scene of a crime does not as a matter of law render the person so present or so callous guilty of the crime. There must be clear evidence that either prior to, or at the time of, the commission of the offence the person present did something or omitted to do any act, such as aiding or abetting within the purview of Section 7 of the Criminal Code to facilitate the commission of the offence or the case against the person present falls within the vicarious responsibility under Section 8 or Section 9 of the Code- Bello J.S.C
WHEN A PERSON WHO COUNSELS ANOTHER MAY BE HELD LIABLE UNDER SECTION 9 OF THE CRIMINAL CODE
to render a person, who counsels another to commit an offence, vicariously liable under Section 9 for an offence committed by the person to whom the counsel is given, the proviso to the section requires the facts constituting the offence actually committed to be a probable consequence of carrying out the counsel- Bello J.S.C
WHEN THE CONSEQUENCE OF AN ACT MAY BE SAID TO BE PROBABLE
The consequence of an act may be said to be probable if a reasonable man would consider its occurrence to be the natural and normal effect of the act – Bello J.S.C
CASES CITED
1. Muonwem & 4 Ors. v The Queen (1963) 1 All NLR 95 at 98
2. Digbehin & 2 Ors. v. The Queen (1963) 1 All NLR 388 at 392.
3. Enweonye & Ors. v. The Queen (1955) WACA 1 at 3;
4. Alimi Akanni & 7 Ors. v. The Queen (1959) WNRL 153 at 154.
STATUTES REFERRED TO
None.
