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CHIEF FESTUS OKOTIE-EBOH & ORS V. DIRECTOR OF PUBLIC PROSECUTIONS

(1962) JELR 87071 (SC)

Supreme Court  •  FSC. 126/1961  •  11 Jun 1962  •  Nigeria

Coram
ADEMOLA,.... CHIEF JUSTICE, NIGERIA BAIRAMIAN, ......JUSTICE, SUPREME COURT TAYLOR, .........JUSTICE,SUPREME COURT

Judgement

ADEMOLA, C.J.F

The three appellants were among the 9 accused persons convicted in the High Court at Sapele in the Western Region of the offence of forcible entry contra Section 74 of Cap. 28 of the Laws of the Western Region. The charge reads as follows:

that..... on the 18th day of December, 1960, at Sapele, in Warri Judicial Division, did in a manner likely to cause a breach of the peace enter on land situate at Block 3 Plot 3 Macpherson Road, Sapele, which land was in actual and peaceable possession of Orororho Machine and others and thereby committed an offence contrary to Section 74 of Cap.28 of the Laws of Western Region of Nigeria.

In a considered judgment, the learned Judge found each of the accused persons before him guilty of the offence and ordered them to pay a fine of £10 each or one month in default. He then made an order in the following words:

In addition, I order that the 1st accused who authorized the demolition of the building, do within 14 days replace the corrugated i…

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