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SALIU
V.
STATE

(2018) JELR 39444 (SC)

Supreme Court 23 Mar 2018 Nigeria
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- The Supreme Court of Nigeria held that to convict for a lesser offence, the ingredients of the lesser offence must be subsumed within the particulars of the original offence charged, and both must derive from the same law (Nigerian Air Fo

Case Details

Suit Number:SC.727/2013
Judges:OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria
Counsel:Isiaka Abiola Olagunju, For Appellant Jimoh Adebimbe Mumini, DPP, Kwara State Ministry of Justice, with him, Issa Zakari. For Respondent

CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): On February 8, 2010, at the Kwara State High Court, Ilorin Judicial Division, the appellant herein, and three others, were arraigned for the offences of Criminal Conspiracy, Rape and Armed Robbery contrary to Sections 97 and 283 of the Penal Code, Laws of Kwara State of Nigeria, and Section 1 (1) and (2) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Volume 14, Laws of the Federation of Nigeria, 2004, respectively. Nine witnesses presented the Prosecution's case.

Nine exhibits were equally tendered. The appellant testified in an attempt to establish his defence. He, however, did not call any other witness. The third accused person, sequel to his No Case Submission, was acquitted and discharged on July 9, 2010. The other accused persons were however not that lucky as on December 21, 2010, they were convicted and sentenced to two year's imprisonment for being in possession of stolen items of property under Sect…

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