COMMISSIONER OF POLICE MID-WESTERN STATE OF NIGERIA
V.
ORUWARE

(1974) JELR 44445 (SC)    

Supreme Court  ·  SC.93/1974 ·  25 Oct 1974 ·  Nigeria
 · 
Other Citations
(1974) All N.L.R 627 (1974) 10 S.C. 12
CORAM
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
illegal purpose
prosecution
counsel
poison
section
appeal
person
respondent
senior magistrate
case
criminal code cap
evidence
poisonous matter
charge
conviction of the appellant
criminal code
laws of western state of nigeria
learned trial judge
occasional pills
offence
possession of the pills
stephen oruware
warri high court
19th day of october
2nd ground
accused bed
beginning of the hearing of the appeal
bomade magisterial district
bomadi magisterial district
first count
following remarks
hard labour
leading judgment
learned judge of appeal
medical assistant
medical practitioner
month of june
possession of the ladies
present case
qualified doctor
quantity of ladies occasional pills
s.278 of the criminal code
second count
steel pills
suggestion of the learned counsel
support of his contention
t. o. elias

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): The appellant in this case was originally charged in BOM/173/71 as follows:

"FIRST COUNT: That you Stephen Oruware (m) during the month of June 1971 at Burutu in the Bomade Magisterial District unlawfully supplied to one Rita Okonedo ( some quantity of "Apiol and Steel Pills" knowing that they were intended to be unlawfully used to procure her miscarriage and thereby committed an offence punishable under Section 173 of the Criminal Code Cap. 28 Vol. I, Laws of Western State of Nigeria 1959, applicable in the Mid-western State of Nigeria.

"SECOND COUNT: That you Stephen Oruware (m) on the 19th day of October, 1971 at Burutu in the Bomadi Magisterial District did possess Poison to wit; Some quantity of Ladies Occasional Pills", with the intent that they shall be used for an illegal purpose and thereby committed an offence, punishable under Section 277 of the Criminal Code Cap. 28 Vol. I, Laws of Western State of Nigeria 1959, applic…

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