COMFORT ASABORO V. M.G.D. ARUWAJI & ANOR
August 12, 2025ASANI BALOGUN & ORS VS ALIMI AGBOOLA
August 12, 2025Legalpedia Citation: (1974) Legalpedia (SC) 12101
In the Supreme Court of Nigeria
Fri Mar 29, 1974
Suit Number: SC. 346/1973
CORAM
DAN ONWURA IBEKWE, JUSTICE, SUPREME COURT
OLUFUNLOLA OYELOLA ADEKEYE, JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
PARTIES
YISAWU SHOSIMBO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, a soldier, shot at the deceaseds vehicle in accordance with orders to him to shot at any vehicle which refuses to clear from the road while escorting money to benin. His sentence for murder was substituted for manslaughter by the lower court.
HELD
The court held that the appellant should have been discharged and acquitted by the lower courts who found that he shot at the vehicle in execution of a lawful order and there was no intention to cause grievous bodily harm.
ISSUES
Whether the decision of the Western Court of Appeal convicting the appellant for manslaughter is justified by the law and the circumstances of the case
RATIONES DECIDENDI
SHOOTING IN THE PROSECUTION OF A LAWFUL PURPOSE
the Court of Appeal expressly found that the act of shooting was done by the appellant in the prosecution of a lawful purpose. If that is so, then the prosecution had clearly failed to prove the case against the appellant and he should have been discharged. Per Coker J.S.C
CASES CITED
STATUTES REFERRED TO
The Criminal Code
