From TORHANBA V. POLICE (1956) NRNLR at 94 through to SHOYMBO V. STATE (1974) 10 SC 91, OYEDIRAN V. REPUBLIC (1967) NMLR 122, OKOBI V. STATE (supra) and thence to JOHN NWACHUKWU V. STATE (1986) LPELR – 2085 (SC), the Court persisted on the import of the procedure it propounded under Section 179 of the Criminal Procedure Code Act. In all these cases the Court insists that “the lesser offence” Section 179 allows a Court to convict an accused rather than the greater offence he was formally charged for is a combination of some of the several particulars of the offence charged. The ‘operative’ word is “lesser” and not “another” offence. To justify the conviction of the accused for the lesser offence he must be seen to have had notice for the lesser offence by virtue of the notice of the greater offence he was given by the formal charge. The evidence on which the accused is convicted though short of proving the greater offence, it is such that it establishes the lesser offence. See OLUMIDE SEGUN V. THE STATE (2018) LPELR – 44693 (SC) and SALIU V. STATE (2018) LPELR – 44060 (SC).
— M.D. Muhammad, JSC. Onukwube v. State (2020) – SC.1214C/2018