ADEGBENRO V. AKINTOLA

• Pages: 238-241

238



NIGERIAN SUPREME COURT CASES

[1963] N.S.C.C.

We conclude (although without the benefit or argument on either side) that when

a person is charged with stealing (to use the appropriate term in the Criminal Code)

and the evidence proves that he was guilty of stealing a part of the amount of money

alleged in the Particulars of the charge or count, he may be convicted without

amendment of the amount alleged. Consequently, without dissenting from Lambo,



5

J., whose finding was that the appellant stole the entire £3,000, we think there is

no need to discuss the soundness of his finding, as on the most favourable view

advanced for the appellant, he was guilty of stealing £1,500 of that amount, and

the conviction can stand.

The learned trial judge passed a term of three years on the appellant; his learned



10

counsel has asked that his appeal against sentence be allowed, on the ground that

he is bound to be dealt with professionally. The disciplinary measures which may

follow are not to be regarded as additional punishment; they relate to his fitness

to continue being a member of an honourable profession; and they have no bear-

ing on the sentence passed on the appellant for stealing.



15

The appeal against conviction is dismissed; and leave to appeal against sen-

tence is refused.

Appeal

Dismissed.

ADEGBENRO V. AKINTOLA

ALHAJI THE HON. D.S. ADEGBENRO



APPLICANT

V

THE HON. S.L. AKINTOLA



RESPONDENT

SUIT NO. FSC 187/1962

SUPREME COURT OF NIGERIA

ADEMOLA,



C.J.N.

TAYLOR,



J.S.C.

BAIRAMIAN,



J.S.C.

28th October, 1963.

Legislation - Federal - Constitution of the Federation (1960) s.30 (s.31 of the 1963

Constitution), s. 114 - Constitution of Western Nigeria (1960), s.33(10 proviso

(a) - Constitution of Western Nigeria (Amendment) Law, 1963, s.2, s.3 -

Statutes - Interpretation - Presumption against intention to confiscate property

or encroach on rights.

ISSUE:

1. Whether a court will presume an intention to confiscate property or to encroach

on rights contrary to s.31 of the 1963 Constitution, from retroactive legislation

which was intended to settle a political question.



45

FACTS:

Briefly, s.31 of the 1963 Constitution is on the fundamental right to property and

to compensation upon compulsory acquisition without prejudice to lawful taxation

and the like.

In May, 1962 Sir Adesoji Aderemi, the Governor of Western Nigeria removed



50

Chief S.L. Akintola from the office of Premier, and appointed Alhaji Adegbenro as

the Premier. Chief Akintola sued them, and the Federal Supreme Court decided

that he had been wrongly removed: Exercising a right conferred by s.114 of the

Constitution, Alhaji Adegbenro appealed to the Privy Council, where the judgment

20

25

30

35

40