LEGAL PRINCIPLE: CRIMINAL LAW — Parties to Offence — Common Intention to Use Violence — Liability for Murder
PRINCIPLE STATEMENT
If several persons embark on an enterprise to commit a felony and have the preconceived common intention to use violence of any degree, if necessary, for the purpose of overcoming resistance, and death results from such violence, all are guilty of murder.
RATIO DECIDENDI (SOURCE)
Per Katsina-Alu, JSC, in State v. Oladimeji (2003) NLC-162002(SC) at p. 7; Paras B–C.
"If several persons embark on an enterprise to commit a felony and have also the preconceived common intention to use violence of any degree, if necessary, for the purpose of overcoming resistance, and death results from such violence, all are guilty of murder."
EXPLANATION / SCOPE
Preconceived intention to use violence for a common purpose makes all participants guilty of murder if death results. The principle applies to criminal law. The rule imposes liability for foreseeable consequences. The prosecution must prove preconceived intent to use violence. The principle is well-established.