UPETIRE V. A.G., W. N

• Pages: 145-148

MAIJAMAA V. THE STATE

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155

We do not think that this case can be properly applied to the instant case. With-

out going into other points of difference, it is enough to say that

it

would be ine-

quitable for innocent creditors in that case to lose their monies as a result of the

action of two directors who had carried on the business of the company, though

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improperly constituted as far as the company was concerned, for several years,

and who are estopped from denying their own conduct. We need not go into other

points of difference in this matter.

Sec. 44 of Standing Orders of the Council in this case clearly states that at least

half of the members of the Committee shall form a quorum; the fact that the num-

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ber of members of the Committee diminished, would not, in our opinion, reduce

the number of members constituting the Committee. To accept the learned Coun-

sel's submissions will be to reduce tie section of the Standing Order to an absur-

dity; more members may resign and the Committee may easily be reduced to four

or a lesser number.

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For the foregoing reasons we dismissed the appeal of the Minister of Local

Government, Eastern Region, for lack of substance, and awarded thirty-two gui-

neas costs in favour of the respondent.

Appeal dismissed.

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MAIJAMAA V. THE STATE

25

TAMBARI MAIJAMAA

V

THE STATE

APPELLANT

RESPONDENT

SUIT NO. SC 524/1963

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SUPREME COURT OF NIGERIA

BRETT,

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J.S.C.

TAYLOR,

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J.S.C.

BAIRAMIAN,

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J.S.C.

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16th June, 1964

Legislation - Northern Nigerian - Penal Code,s.19(2), s.79, s.221(b).

Criminal Law - Northern Nigeria - Culpable homicide punishable with death

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Concerted attack.

ISSUE:

1.

Whether all of several persons

e igaged

in a concerted attack can be convicted

of the murder of their victim.

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FACTS:

The appellant and a number of other persons in a body made a concerted at-

tack on the deceased, struck him with sticks on the head and elsewhere and caused

his death. The trial Judge could not say who struck the fatal blow or blows, but

he convicted the appellant of culpable homicide punishable with death. Text of

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s.79 and of s.221 in judgment, which also explains s.19(2). SC.524/1963).

HELD:

If two or more persons in furtherance of their common intention do acts which

they knew or had reason to know would cause death as the probable consequence

of their acts (probable' in the sense that the consequence would be considered