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COMMISSIONER OF POLICE v. MR. EMMANUEL AMUTA

(2017) JELR 38298 (SC)

Supreme Court  •  SC.117/2012  •  13 Jan 2017  •  Nigeria

Coram
MARY UKAEGO PETER-ODILI JSC MUSA DATTIJO MUHAMMAD JSC CLARA BATA OGUNBIYI JSC KUMAI BAYANG AKA'AHS JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC

Judgement


KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The Attorney-General of Anambra State in exercise of the powers conferred on him by Section 77(1)(a)(iii) of the Magistrates Court Law, Cap 88 Vol. 6 Revised Laws of Anambra State of Nigeria 1991 granted his fiat to Obi Akpudo Esq to prosecute Lawrence Arinze and Emmanuel Amuta in Charge No MID/506C/97. On 16/3/2006 the two accused were arraigned on a four count amended charge to which they pleaded not guilty. The amended charge read thus:-

1. That you Lawrence Arinze (M) and Emmanuel Amuta (M) on the 17th day of April 1995 at Akuora Umuota Village Obosi in Idemili Magisterial District conspired with one Obed Afamefuma (now deceased) to commit a misdemeanor to wit, forcibly (sic) entry on land which is in the actual and peaceable possession of Ernest Nwofia and thereby committed an offence punishable under Section 496(a) of the Criminal Code Cap 30 Vol. 1 Laws of Anambra State of Nigeria 1986.

2. That you Lawrence Arinze (M…

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