TONY AZUBUIKE V. FEDERAL REPUBLIC OF NIGERIA

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal arose from the Ruling of the Lagos State High Court sitting in Ikeja wherein the trial judge, HON. JUSTICE K.A. JOSE on the 4th October, 2017 in charge No: ID/76c/08 dismissed a no case submission application and asked the Appellant to enter his defence.

Aggrieved by the said decision, the Appellant with leave of the trial Court filed a Notice of Appeal dated 18/10/16 and filed same day setting out 2 grounds of Appeal.

Background facts are simply that the Appellant was arraigned by the Respondent on a two count 2nd Amended charge as follows:

1. ADEKUNLE ADEWUNMI

2. TONY AZUBUIKE

3. SALISU ABUBAKAR

4. BABA MOHAMMED

5. MESSRS ISLAND TRADING COMPANY

Are charged with the following offences:

STATEMENT OF OFFENCE- 1ST COUNT

conspiracy to steal contrary to Section 516 of the Criminal Code Cap C17 Vol. 2, Laws of Lagos State of Nigeria, 2003.

PARTICULARS OF OFFENCE

Adekunle Adewunmi, Tony Azubuike Salisu Abubakar, Baba Mohamme…