COMMISSIONER OF POLICE V. EME OGBAJUE OTOSI & ORS

KATSINA-ALU, J.C.A. (Delivering the Leading Judgment): On the 4th day of March, 1987, the respondents and one Ndukwe Ogbonnaya were arraigned, on a two count charge, before the Imo State Magistrate's Court sitting at Umuahia before His Worship Chief Magistrate H.N. Nsofor. The first count was that on the 17th day of December, 1985, at Amabo Okoko Item, in the Bende Magisterial, District, the respondents and the sixth accused conspired with one another to commit felony, to wit, stealing, contrary to Section 516A of the Criminal Code as amended by Section 3(a) of Edict No.5 of 1971. The second count was that on the same date in the aforesaid Magisterial District the respondents and the sixth accused person stole palm fruits valued at N200.00 property of Ibina Igbere Community. Each of the respondents and the sixth accused pleaded not guilty to the two counts.

Six witnesses testified for the prosecution. However, before the prosecution closed its case the 6th accused person, Ndukwe Ogbon…