AOR NYAM V. THE STATE

• Pages: 271-274

AOR NYAM V. THE STATE

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271

AOR NYAM V. THE STATE

5

1.

AOR NYAM

2.

MBAHANGAVER ALIGBA

10 3. IYORTIOM NYAM

V

THE STATE

SUPREME COURT OF NIGERIA

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ADEMOLA,

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C.J.N.

BAIRAMIAN,

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J.S.C.

COKER,

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J.S.C.

IDIGBE,

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J.S.C.

18th November, 1964

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APPELLANTS

RESPONDENT

SUIT NO. SC 292/1964

Legislation - Northern Nigeria - Penal Code, s.79, s.108, s.221 -

Criminal Law - Northern Nigeria - Culpable Homicide punishable with death -

Defendant member of unlawful assembly - Other members killing in pursuit

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of common object.

ISSUE:

1.

Where some members of an unlawful assembly kill in pursuit of their common

object of the assembly, can the other members be convicted of capital

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homicide.

FACTS:

The appellants were in an armed crowd, some of whom uttered threats against

a certain political party, the crowd first attacked someone of that party in his house

and injured him badly but some other villagers saved him from being killed. Some

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members of the crowd, including the three appellants, went on to the farm of the

deceased, a member of that political party, and there the 1st and 4th appellants

with others attacked him and killed film; the 2nd appellant did not take part in that

attack, but he and others chased the deceased's wife, who, however, saved her-

self by pleading with one of them. The trial Judge convicted the 1st and 4th ap-

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pellants of culpable homicide punishable with death under s.221 by virtue of s.79,

and their appeal was not pressed. The Judge also convicted the 2nd appellant of

culpable homicide punishable with death under s.221 by virtue of s.108; and it was

argued for him on appeal that, notwithstanding s.108, he was wrongly convicted

as there was no evidence of the intention stated in s.221 and that such intention

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could not be inferred merely because some members of the unlawful assembly

killed the deceased. (The argument implied that his case did not fall within section

79).

HELD:

Section 108 differs in language and intent from s.79 and contemplates other

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circumstances; pursuant to s.108, when a member of an unlawful assembly com-

mits an offence in prosecution of the common object of that assembly - that is to

say an offence in following up the common object - then every person who is a

member of that assembly at the time of committing that offence is guilty of that of-

fence; and on the facts the killing of the deceased was in pursuit of the common