LEGAL PRINCIPLE: CRIMINAL LAW – Common Intention – Armed Gang – Liability for Acts of Co-Offenders
PRINCIPLE STATEMENT
Where two or more persons set out to commit an unlawful purpose, and one of them is known by the others to be armed with a lethal weapon, all of them may be held criminally responsible for any consequences which result from the use of the weapon by the one who carried it, even if there is no evidence to show that there was any express pre-concerted agreement that he was to use it. Once the execution of the common intention or design is established, it does not matter which of the accused persons did what. A fatal blow, though given by one of the accused persons involved, is deemed in the eyes of the law to have been given by the rest of his co-accused persons. The person actually delivering the blow is said to be no more than the hand by which the others all strike.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Alarape & Ors v. State (2001) NLC-872000(SC) at pp. 24–25; Paras D–A.
"Where two or more persons set out to commit an unlawful purpose, and one of them is known by the others to be armed with a lethal weapon, all of them may be held criminally responsible for any consequences which result from the use of the weapon by the one who carried it, even if there is no evidence to show that there was any express pre-concerted agreement that he was to use it. Once the execution of the common intention or design is established, it does not matter which of the accused persons did what. A fatal blow, though given by one of the accused persons involved, is deemed in the eyes of the law to have been given by the rest of his co-accused persons. The person actually delivering the blow is said to be no more than the hand by which the others all strike."
EXPLANATION / SCOPE
When a group embarks on an unlawful purpose and one member is known to be armed with a lethal weapon, all members are criminally responsible for consequences from using that weapon—even without express agreement. Once common intention is established, it matters not which accused did what. A fatal blow by one is deemed in law to be struck by all.