LEGAL PRINCIPLE: CRIMINAL LAW – Culpable Homicide – Common Intention under Section 79 of the Penal Code
PRINCIPLE STATEMENT
When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in Idrisu Ahmed v. The State (1998) NLC-31998(SC) at P. 13; Paras A–C.
"When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone."
EXPLANATION / SCOPE
Common intention creates joint liability. Each participant is liable for the acts of others. The principle applies to criminal trials. The prosecution must prove common intention. The rule applies to all participants. The court may infer common intention from conduct. The principle promotes accountability in group crimes.