Whether a Court can Convict a Defendant for a Lesser Offence when it has no Jurisdiction Over the Original Offence in the Existing Charge

CASE TITLE: SUNDAY v. STATE (2026) LPELR-83357(SC)

JUDGMENT DATE: 6TH MARCH, 2026

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: HARUNA SIMON TSAMMANI, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the issue of jurisdiction.

FACTS:

This is an appeal against the judgment of the Court of Appeal, Benin Division, delivered on the 22nd day of January, 2020. The Court of Appeal affirmed the decision of the High Court of Edo State who, sitting in its appellate jurisdiction, dismissed the appeal of the Appellant against the decision of the trial Chief Magistrates’ Court.

The Appellant was charged before the Chief Magistrate (Special Grade) sitting at Egor, Benin City for the offence of rape.

It was the Case of the prosecution that the Accused/Appellant had unlawful carnal knowledge of the daughter of the PW1, who testified as PW2. That at the time of the offence, the victim (PW2) was eleven (11) years old. The said PW2 testified that the Appellant indecently assaulted her on several occasions by using his fingers to insert into her vagina and also inserted his penis inside her vagina on different occasions. That the Appellant was a co-tenant with the complainant (PW1).

The trial Court convicted him for the lesser offence of indecent assault. Upon his conviction by the Chief Magistrate, the Appellant appealed to the Edo State High Court but the appeal was dismissed. Again dissatisfied, the Appellant further appealed to the Court of Appeal, Benin Division. Consequently, the Appellant filed this appeal.

ISSUE(S) FOR DETERMINATION:

The Court determined the appeal on this sole issue:

“Having regard to the charge bothering on offence of rape which the learned trial Magistrate has no jurisdiction to commence the trial of the Appellant, whether the Court of Appeal was right to have ignored the serious issue of jurisdiction apparent in the proceeding at the trial Magistrate?”

DECISION/HELD:

In the final analysis, the appeal was allowed.

RATIOS:

• COURT- JURISDICTION: Nature and importance of jurisdiction; effect of a court hearing a matter without jurisdiction
• COURT- JURISDICTION: Conditions that must be satisfied before a Court is competent to exercise its jurisdiction in respect of any matter; whether same must co-exist
• COURT- JURISDICTION: What determines the jurisdiction of a Court in a criminal matter
• CRIMINAL LAW AND PROCEDURE- CONVICTION FOR LESSER OFFENCE: Whether a Court can convict a defendant for a lesser offence when it has no jurisdiction over the original offence in the existing charge
• JURISDICTION- JURISDICTION OF THE MAGISTRATE COURT: Whether the Chief Magistrate (Special Grade) Court of Edo State has jurisdiction to try the offence of rape

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