OGBALI & ANOR V. STATE

• Pages: 156-160

OGBALI & ANOR V. STATE



156

UWAIS, J.S.C. I

have read in draft the reasons for judgment just given by my

learned brother Kayode Eso, J.S.C. It was for the same reasons that on 24

February, 1983 I agreed that the appeal be dismissed. I have nothing to add.

Appeal dismissed.

OGBALI & ANOR V. STATE

15

NWIBO OGBALI & ANOR

V

THE STATE

SUPREME COURT OF NIGERIA

SOWEMIMO,



J.S.C.

APPELLANTS

RESPONDENT

SUIT NO. SC 71/1982

BELLO,

ESO,

20



ANIAGOLU,

UWAIS,

24th March, 1983

J.S.C.

J.S.C.

J.S.C.

J.S.C.

Criminal Law - Parties to offences - Murder -

COMM011

intention - Unlawful

25





assault on deceased by crowd including appellants - Death of deceased the

probable consequence of injuries inflicted thereby on him - Liability of appellants

as principal offenders - Convictions re-affirmed.

ISSUES:

30





1. Whether two or more persons can be rendered liable for murder under section

8 of the Criminal Code, in the absence of evidence showing that the accused

persons had formed a common intention to prosecute an unlawful purpose

together, that in the execution of the common purpose a person was killed, and

that the death of the person was a probable consequence of the prosecution

35



of the unlawful purpose.

2. What is the meaning of the term "probable consequence" as used in section 8

of the criminal code?

FACTS:

The appellants were convicted of the murder of the deceased. it was found

40





through evidence, that the appellants were among a group of about 40 people who

gathered to lynch the deceased. They were positively identified by various wit-

nesses as having participated in the lynching, and were sentenced to death. On

appeal to the Court of Appeal, the decision of the High Court was upheld.

Appellants appealed to the Supreme Court, contending that they could not be

45



convicted under section 8 of the Criminal Code.

HELD:

1.

The death of the deceased was a probable consequence of injuries inflicted

by the lynching, thus the appellants are liable as principal offenders.

2.

The term "Probable Consequence" means "The Consequence of an act may be

50





said to be probable if a reasonable man would consider its occurrence to be

the natural and normal effect of the act."

5

10