LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Sentencing — Capital Offence — Doubt as to Age of Accused Person Resolved in Favour of Accused
PRINCIPLE STATEMENT
Where it is doubtful that the accused had attained the age of 17 years when he committed the offence, that doubt ought to be resolved in his favour.
RATIO DECIDENDI (SOURCE)
Per Edozie, JSC, in Guobadia v. State (2004) NLC-2952002(SC) at p. 12; Paras C–D.
"Learned counsel for the respondent has conceded, quite rightly, that since it was doubtful that the appellant had attained the age of 17 years when he committed the offence, that doubt ought to be resolved in his favour."
EXPLANATION / SCOPE
Doubt about the age of an accused in a capital offence is resolved in the accused’s favour. The principle applies to criminal procedure. The court will treat the accused as a minor if age is uncertain. The rule protects against execution of minors. The court may impose a lesser sentence. The principle is well-established.