LEGAL PRINCIPLE: CRIMINAL LAW — Parties to Offence — Common Intention — Liability for Acts of Co-Accused
PRINCIPLE STATEMENT
When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed that was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in State v. Oladimeji (2003) NLC-162002(SC) at p. 7; Paras A–B.
"When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence."
EXPLANATION / SCOPE
Common intention creates joint liability for probable consequences. The principle applies to criminal law. The act of one is the act of all. The rule ensures accountability for group crimes. The prosecution must prove common intention and probable consequence. The principle is well-established.