CRIMINAL LAW AND PROCEDURE – CONVICTION – Whether a Court can convict an accused person of a lesser offence with which he was not charged:


“It is settled law, that Courts including this apex Court have the power under Section 218 of the Criminal Procedure Code to convict an accused person or appellant of a lesser offence for which he was neither charged nor pleaded to. See Sgt Desmond Ezeja vs The State (2008) 10 NWLR (pt 1095) 513; Adeyeye & Anor v The State (1968) NWLR 287 R v Gumbs (1926) 19 CAR 74. The learned Justices of the lower Court in my view, acted in the right track when they substituted the conviction of the appellant of culpable homicide punishable with death under Section 221 of the Penal Code with the lesser offence of culpable homicide NOT Punishable with death contrary to Section 222 (6) of the Penal Code as it has done.” Per SANUSI, J.S.C. in MADI v. STATE (2019-LCER-36880-SC) (P. 11, Para. A).

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