OLAFUSI DEMILADE V. COMMISSIONER OF POLICE

IMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Judgment of the High Court of Justice Oyo State sitting in Ibadan division in Suit NO: I/4CA/2014 BETWEEN: OLAFUSI DEMILADE V. COMMISSIONER OF POLICE delivered on the 15th day of March, 2016 wherein the appeal of the Appellant was dismissed.

Briefly, the facts of the case are that the Appellant was charged along with three others at Magistrate Court in charge Number: MI/1818c/2012 with the offences of conspiracy to commit stealing and stealing. In proving the charge against the Appellant and his co-defendants at the Magistrate’s Court, the Prosecution called five witnesses and tendered nine Exhibits. At the close of the Prosecution’s case, the Appellant entered a no-case submission which was dismissed by the learned trial Magistrate.

The Appellant was dissatisfied with the ruling of the learned trial Magistrate and therefore appealed to the High Court i.e. the lower Court.

​The lower Court after h…