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GANI ASHIRU v. . THE STATE

(2016) JELR 37101 (CA)

Court of Appeal  •  CA/AK/197C/2014  •  7 Jan 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice, Ondo State sitting at Akure delivered on 10/07/2014 by O. O Akeredolu J.

The Appellant, a legal Practitioner, was arraigned before the Ondo State High Court on a two count charge of unlawfully holding himself out as the holder of a Chieftaincy title contrary to Section 18 (1) (a) and (b), (2) (a) . and (b) and punishable under Section 18 (6) of the Chiefs Law Cap 27 Vol. 1 Laws of Ondo State of Nigeria 2006 and for conduct likely to cause the breach of peace contrary to and punishable under Section 249 (d) of the Criminal Code Cap. 37, Vol. 1 Laws of Ondo State of Nigeria, 2006. The Appellant, pleaded not guilty to the charge and to prove its case, the prosecution called four (4) witnesses and tendered Exhibits.

At the close of the case for the prosecution, the Appellant made a No Case submission.

The Learned Trial Judge overruled the No Case submission i…

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