Ratio DecidendiRatio Decidendi


(1977) JELR 46310 (SC)    

Supreme Court  ·  SC.326/76 ·  7 Jul 1977 ·  Nigeria
Other Citations
(1977) All N.L.R 259 Umoera v. C.O.P (1977) 7 S.C. 12
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
judicial proceeding
drums of petrol
accused persons
learned judge
army uniform
ekpoma police station
judicial proceedings
commanding officer
criminal code
criminal code of western nigeria
senior magistrate
supreme court
west african court of appeal
criminal proceeding
first prosecution witness
police station
privy council
above decision
african court of appeal
chapter xiv of the criminal code act
charge room
circumstantial evidence
decision of the waca
decisions of the highest court of the land
essential elements of the offence
following testimony of the second prosecution witness
high court
inter alia
interpretation of the supreme court
laws of western nigeria
learned trial magistriate
main complaints
main question
midwestern state
particulars of the offence
police constable anthony okolie
police exhibit room ekpoma
police station ekpoma
said decision
strict construction of penal statutes
testimony of john ndah
trial court
view of the supreme court asuquo

A. FATAYI-WILLIAMS, JSC (Delivering the Leading Judgment): In the Magistrate's Court of the Midwestern State (now Bendel State) sitting at Ekpoma, the accused (now appellant) and one Comfort Okojie were charged with the offence of removing evidence contrary to Section 107 of the Criminal Code of Western Nigeria applicable in the Bendel State. The particulars of the offence read:

"That you Henry Umoera and Comfort Okojie on the 3rd day of April, 1975, at Police Station Ekpoma in the Ekpoma Magisterial District with other persons unknown wilfully removed four drums of petrol with intent to prevent them from being used in evidence knowing the four drums of petrol will be required in evidence in a judicial proceeding by removing them forcibly from the Police Exhibit Room Ekpoma and thereby committed an offence punishable under Section 107 of the Criminal Code (Cap.28 Vol. 1 of the Laws of Western Nigeria) applicable in the Mid-Western Nigeria."

(The underlining is ours).

The facts on whic…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login