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COMMISSIONER OF POLICE v. GEORGE OGBU

(2016) JELR 36897 (CA)

Court of Appeal  •  CA/E/9c/2014(R)  •  10 Feb 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Lead Ruling):?On 1/4/2008, the Appellant/Applicant was arraigned before the Nsukka Magistrate Court on a three count charge of conspiracy, forcible entry into Land and Stealing of Palm Fruit. The Appellant/Applicant pleaded not guilty and was granted bail by the Magistrate Court.

The Prosecution opened its case and called three witnesses, PW1, PW2, and PW3. The Counsel for the Appellant/Applicant relying on the provisions of Section 173 of the Criminal Procedure Law Cap 31 Laws of Enugu State,?2004 made a submission of no case to answer. On 22/2/2011, the Magistrate Court, Nsukka presided over by His Worship S.I. Eze delivered its ruling on the no case submission and refused same. The Appellant/Applicant was not satisfied with the said ruling of the Magistrate Court and on 3/3/2011 filed a Notice of Appeal seeking to set aside the said ruling of the Magistrate Court.

At the Court below, the Appellant/Applicants filed an appeal seeking th…

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