LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Jurisdiction – Territorial Jurisdiction – Where Offence Committed Outside State but Accused Comes into State
PRINCIPLE STATEMENT
(2)(b) If that act or omission occurs elsewhere than in the Lagos State and the person who does that act or makes that omission afterwards comes into the Lagos State, he is by such coming into the Lagos State guilty of an offence of the same kind and is liable to the same punishment, as if that act or omission had occurred in Lagos State and he had been in Lagos State when it occurred. This shows clearly that even if the offence was committed outside Lagos State, and afterwards the appellant comes into Lagos State that entry of the appellant into Lagos State confers jurisdiction on the Lagos High Court to try him of the offence.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in Adeniji v. State (2001) NLC-2101999(SC) at pp. 8–9; Paras E–A.
"(2)(b) If that act or omission occurs elsewhere than in the Lagos State and the person who does that act or makes that omission afterwards comes into the Lagos State, he is by such coming into the Lagos State guilty of an offence of the same kind and is liable to the same punishment, as if that act or omission had occurred in Lagos State and he had been in Lagos State when it occurred. This shows clearly that even if the offence was committed outside Lagos State, and afterwards the appellant comes into Lagos State that entry of the appellant into Lagos State confers jurisdiction on the Lagos High Court to try him of the offence."
EXPLANATION / SCOPE
Under the relevant provision, if an offence is committed outside Lagos State but the accused later enters Lagos State, the entry confers jurisdiction on the Lagos High Court to try the offence. The accused is deemed guilty as if the offence occurred in Lagos State. This extends territorial jurisdiction beyond the place of commission. The principle applies to offences committed anywhere—once the accused enters the state, the court gains jurisdiction. The provision prevents accused persons from evading justice by committing crimes outside the state and staying away. The prosecution must prove the accused’s entry into the state. The accused may be arrested and tried in the state where found. The provision is jurisdictional, not substantive.