LEGAL PRINCIPLE: CRIMINAL LAW — Common Intention — Joint Enterprise — Liability for Acts of Others
PRINCIPLE STATEMENT
In a joint enterprise, it does not matter in law who did what; what is important is the common purpose.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in Emeka v. State (2001) NLC-72000(SC) at p. 4; Paras B–C.
"It does not matter in law who did what, what is important is the common purpose. The desire to have the deceased eyes gouged out after stupefying her is grievous enough and could lead to death which is what happened in this case. The appellant fulfilled his desire: he had the human eyes and he was responsible for administering the tranquilizer on the deceased. Whether it was he that removed the eyes is immaterial."
EXPLANATION / SCOPE
In a joint enterprise, each participant is liable for the acts of others in furtherance of the common purpose. The law does not require proof of who performed which specific act. The common intention is the determining factor. All participants are deemed to have committed the acts of the others. The principle applies to both substantive offences and inchoate crimes. The accused cannot escape liability by claiming that another co-accused performed the physical act. The prosecution must prove the common intention and that the offence was a probable consequence of the joint enterprise. The rule ensures that all participants in a criminal venture are held accountable. The principle is codified in Section 8 of the Criminal Code.