ATTEMPT TO COMMIT AN OFFENCE

• Date: 07 September 2019

(1) "The learned Emeritus Chief Justice of the Federation had cited with approval, the earlier decision of the apex Court on the same subject matter of attempt, in Ozigbo v. Commissioner of Police (1976) 1 A.N.L.R. (Pt. 1) 133 at p. 141; where the apex Court per Alexander, C.J.N. declared: "To constitute an attempt, the act must be immediately connected with the commission of the particular offence charged and must be something more than mere preparation for the commission of the offence." Jegede v. The State (supra) p. 99 lines 1-5. Per Ogundare, J.S.C." - Per Agube, J.C.A., in Shurumo v. State Suit No. CA/IL/C.30/2009; (2010) 16 N.W.L.R. (Pt. 1218) 65 at 127.

(2) "Learned counsel for the appellant had cited R. v. Eagleton, Dears 515, 548; 169 E.R. 826, 835 which has been followed by Nigerian Courts in a plethora of cases, and the dictum of Parke, B., wherein he declared the law on attempt thus: "The mere intention to commit a misdemeanour is not criminal. Some act is required and we do not think that all acts towards committing misdemeanour are indictable. Acts remotely leading towards the commission of the offence are not to be considered as attempt to commit it. But acts immediately connected to it are..." in other words "the offender must have crossed the Rubicon and burnt his boat." - Per Agube, J.C.A., in Shurumo v. State Suit No. CA/IL/C.30/2009; (2010) 16 N.W.L.R. (Pt. 1218) 65 at 127.

(3) "In Jegede v. The State (2001) 35 W.R.N. p. 84; (2001) 14 N.W.L.R. (Pt. 733) 264. Belgore (J.S.C.) defined attempt thus: "If a person intends to commit an offence, and in the process of putting his intention into execution by means he has adopted to its fulfillment, and thereby manifests his intention by some overt act but actually falls short of his intention to commit that offence intended either through an intervening act or involuntary obstruction, he is said to commit the attempt of the offence intended. The end to which the accused arrived must have been substantially attained but for the intervention which he never volunteered to meet or anticipated which prevent the commission of the full offence intended. (See Orija v. Police (1957) N.R.N.L.R. 189; Police v. Fowowe (1957) W.R.N.L.R. 198." - Per Agube, J.C.A., in Shurumo v. State Suit No. CA/IL/C.30/2009; (2010) 16 N.W.L.R. (Pt. 1218) 65 at 126 - 127.

(4) "See also the dictum of Smith, J. in Orija v. I.G.P. (1957) N.R.N.L.R. 189, which was also relied upon: where the learned law Lord gave an insight into what acts may be considered remotely or immediately connected with the commission of the crime and what...