Ogu Ofor V. Ekwuti Ofor (1955)

LawGlobal Hub Judgment Report – West African Court of Appeal

Common intention—Section 8 of the Criminal Code—distinguished from common object.

Facts

The facts are fully set out in the Judgment. The question raised was on the interpretation of section 8 of the Criminal Code, which reads as follows :—
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“When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed ofsuch a nature that its commission was a probable consequence ofthe prosecution of such purpose, each of them is deemed to have committed the offence”.

In this case a dispute arose between the two appellants and others and the deceased and others.

As a result the second appellant went and armed himself with a machete and cut the deceased on his hand, whilst the first appellant took a stick and hit the deceased on the base of his skull.

The deceased fell down and died, according to the medical evidence, as a result of the blow that the first appellant gave him on the base of his skull. The judgment of the Court distinguished between common intention and common object, and stated that on the evidence it appeared that the intention of each appellant was suddenly formed and formed independently of each other.

Negligence

That the trial Judge did not direct himself properly and the conviction of the second appellant was set aside and a conviction for attempted murder substituted,

Appeal offirst appellant dismissed.
Appeal of second appellant allowed and conviction of attempted murder
substituted.